Jailed bouncers' prison sentence reduced to probation on appeal

A jail sentence handed to two nightclub bouncers, for grievously injuring two Italian men in 2010, has been reduced to probation on appeal, on account of their personal circumstances.

Security guard Stephen Catania of San Ġwann and “customer care officer” Bernard Briffa, of Valletta had originally been charged with the attempted murder of Luca Di Mauro and Riccardo Miano after they delivered a savage beating outside Clique nightclub in Paceville during the early hours of Valentine's Day, 2010.

The Maltese men were also charged with illegally working as private guards after their licences had expired. The attempted homicide charge, however had later been withdrawn by the Attorney General and replaced with one of very grievous bodily harm.

The fight had broken out when the bouncers asked the two men to leave the club at about 4.30 a.m on the 14 February 2010.

The men had filed an appeal, their lawyers challenging the first court's evaluation of the evidence, its reliance on the testimony of the victims, the lack of evidence of criminal intent and the punishment it inflicted, amongst other things.

But in two judgments, the Court of Criminal Appeal with judge Edwina Grima presiding, dismissed the appellants' arguments on everything bar the punishment.

In Briffa's case, the judge noted that he had no prior convictions as well as having been orphaned at a young age and brought up by his grandmother. “He has a stable life and is in regular employment. Additionally, his wife needs his help in everyday life because of health problems.” A probation officer had recommended that his life and work situation not be disturbed.

For Catania, the court observed that his probation officer had reported that he had “two principal problems. First that he has  a great inner rage that he must address, as well as... a serious drug problem which, despite him having addressed and overcome in 2014, still occasionally uses cocaine.”

In both appeals, the judge insisted that “although it is repeated that the punishment handed down was within the parameters of the law, due to the fact that incarceration for a brief period would be detrimental to the appellant and would not help in his reformation, and to avoid the repetition of similar crimes.” The court replaced the men's prison sentences with probation orders for three years. The €1000 fine was retained.

Lawyers Veronique Dalli and Dean Hili appeared for Bernard Briffa, whilst Lawyer Alessandro Lia defended Catania.