Appeals court confirms acquittal of civil servant on bribery and extortion charges
Appeals Court confirms acquittal of civil servant of bribery and unlawful extortion, after hearing that token payment he requested was of a voluntary nature, and that he had not implied it was legally owed to him.
The Court of Criminal Appeal upheld the acquittal of Giuseppe Cini from charges of bribery and unlawful extortion. The case dates back to July 2008 when Cini's duties included the registration of civil weddings.
After paying for their civil ceremony, Maryann Camilleri and her fiancée requested Cini to prolong the ceremony beyond the customary time.
The accused informed her this could be arranged against a token payment of €20. Cini told the couple that this was a voluntary payment as an appreciation to his efforts in making the ceremony lengthier.
Shouting abuse, Camilleri reported Cini to his superiors and the case ended in court. In October 2012, the Court of Magistrates acquitted Cini, but the Attorney General appealed the judgement, claiming the court had misinterpreted the law and the implications of the exhibited evidence.
Defence lawyer Joe Giglio argued the charges could not stand as there was no agreement between the two parties that Cini was to do anything he was duty bound not to do. Moreover the couple had not even agreed to pay the requested €20 token fee.
Moreover, the defence held that while there was no doubt that the accused was a civil servant, he did not request anything illegal.
"Cini's actions did not lead Camilleri to believe that the government was requesting exorbitant fees or heavy impositions", the lawyer said.
Mr Justice Michael Mallia stated Cini's actions could have led to disciplinary proceedings but certainly not the charges he faced. "Cini's actions did not lead Camilleri to believe that the government was requesting exorbitant fees or heavy impositions. Moreover he made it clear the payment token was of a voluntary nature".
The court upheld the previous judgement and acquitted Cini.
Inspector Yvonne Frrugia prosecuted while Dr Joe Giglio appeared for the accused.