Former drug addict gets jail term reduced

A Court of Appeal reduced the jail time handed to Fiachal Mahouachi to 20 months, after judge hears the convicted no longer had a drug problem.

In September 2006, 37-year old Tunisian national Fiachal Mahouachi was handed a two-year prison term after admitting to stealing a handbag from Sliema on 8 December 2004. He was also found guilty of handling stolen property and relapsing. Mahouachi appealed judgment, arguing he had drug-related problems and the punishment was too severe. “I need help not jail time”, the appellant had said.

However when his appeal was called, Mahouachi went missing. For long months, he appeared on the list of people wanted by the police, and his case was put off sine die. On 23 May 2013, after Mahouachi was traced, the Attorney General requested the case to be re-appointed.

The Court of Appeal explained how the delays in the case where primarily the fault of the accused himself. While considering that the appellant has now kicked his drug habit, the court could not overlook the evidence given by Mahouachi’s probation officer at the Court of Magistrates, saying that a term of imprisonment was fitting.

Mr Justice Lawrence Quintano ruled that society should feel safe and citizens should not fear being out on their own. “Stealing to feed a drug habit is no excuse for one’s actions”, the judge said.

However noting the progress Mahouachi made in kicking the habit, the Court of Appeal turned the two year jail term into a 20-month imprisonment.