Appeals Court jails thief after overturning acquittal

Louis Mallia, 40 of Valletta, has been jailed for 12 months after the Attorney General appealed a decision to acquit him, with Mr Justice Lawrence Quintano ruling that the former court had come to the wrong conclusion.

The case dates back to 6 October 2003.

Evidence showed that Mallia had stolen cash money, alcoholic beverages and lighters from the Tottenham Hotspurs Supporters Club. Mallia was also found guilty of relapsing.

Judge Quintano argued that when a police statement is not signed, it can still be submitted as evidence. Furthermore, there is no doubt that the fingerprint lifted off a metal box on the scene of the crime, belonged to Mallia.

The Court of Magistrates rested its conclusion on a 1998 legal decision stating that a fingerprint in a public place needs to be corroborated with further evidence. However, the owner of the place which had been broken into testified that the bar was only accessible to people in his trust. Mallia had claimed that there was no evidence against him other than the fingerprint and a palm print found on the side door, which had been forced open.

The Court of Appeal held that evidence proved that the side door was only used by the staff after they collect a key from the owner. The fact that Mallia's palm print was found on this door was enough to link the accused with the theft.

While stating that the charge of relapsing was not proven, Judge Quintano upheld the appeal of the Attorney General. He found Mallia guilty of theft and sentenced him to 12 months' imprisonment.

Superintendent Carmelo Bartolo and Inspector Ramon Mercieca prosecuted.