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Kindly note that the deadline to receive any offers for such requests for quotations for a number of tipper semi-trailers with a total permissible weight of a minimum of 39 tons of gravel is being extended to the 30th September 2020. Further details including the tech- nical specifications may be request- ed via email on info@eurocemalta.eu. Interested parties may also call on +356 27203061. Quotation is to be provid- ed in Eur (€). Any quotations received after deadline will not be considered. PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TAR XIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed windows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639 SERVICES TEACHING - English language one- to-one. Higher levels and examination preparation. Tel: 99336088 NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. TICKET SELLER - Captain Morgan Operators are looking to employ a tick- et seller, applicant must speak English and be able to work Weekends & Public Holidays. Please send a CV on elouise. zammit@fortelgrooupd.com WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates THE Court of Criminal Appeal over- turned a conviction of a mother, since the CCTV footage of an incident with her sons, are not compatible with their account of what took place by her chil- dren. This was held in a judgement delivered in a case Pulizija -v- Omissis (the Court banned the names of the parties) on 14 May 2020. The Court was presided by Madame Justice Con- suelo Scerri Herrera. The mother was found guilty of caus- ing slight bodily harm to her two sons in August 2017. The Magistrates Court awarded her a two-month condition- al discharge, however, she appealed the judgement on the grounds that the judgement was null and void and that the lower court did not carry out a prop- er evaluation of the facts of the case. The first ground of appeal attacked the judgement itself, since it did not give any reasons for the conviction as stipulated in Article 382 of the Criminal Code. This article states that the Court on delivering its judgement must give the facts for which the accused is being found guilty. Il-Pulizija -v- Benjamino Camilleri et held that the Court must list the facts that refer to the charges the accused is found guilty of. In this particular case, the Court of Criminal Appeal held that these facts were not mentioned and therefore, declared the first judgement null and void. With regards to whether the first court had analysed the facts in accord- ance to law, the mother held that she did not raise her children to lie against her and pointed her finger to her es- tranged husband as putting them up to this. She claimed the CCTV footage supports her account of events, which is very much different from what her sons had told the court. Madame Justice Scerri Herrera held that the Court of Criminal Appeal does not normally disturb the first court's evaluation of the facts. This is only done if it is shown that the first court could not safely and satisfactory arrive to the conclusion it did. In Il-Pulizija v Noel Buhagiar decided on 10 April 2008, the Court of Criminal appeal held that it cannot substitute the discretion of the first court when evaluating the facts of the case, however, when the Appeals Court analyses the facts and comes to the conclusion that the first court could not arrive to its conclusion. The facts of the case are that the moth- er has three children, two of which are boys. On the weekend of the incident, the mother received a visitor. The sons alleged that their mother locked them in a room and beat them a number of times. The CCTV footage was present- ed in court and so were medical certif- icates. The two minor boys had told the court that there were violent incidents in the garage area. They were pushed against the wall, were thrown on the floor and were subjected to being punched all throughout the weekend. The father testified and told the court that when he picked up his sons from their mother, they were crying in the car. They told him how they were locked in their room and they were beaten. Members of her family also turned up to threaten them. He then took them straight to the polyclinic to be examined. The mother, who did not testify, de- nied to the police that she raised her hand against her children and held that the CCTV footage backed what she was saying. The Court of Criminal Appeal held that there are conflicting versions of the same incidents. The Court pointed out that there was a discrepancy between what the minor children told the court and the CCTV footage. From what the Court saw from the CCTV footage, it shows that the children were not afraid of the mother and were provoking her and were doing everything to run away from home. One of the sons was seen trying to snatch a mobile phone from his mother's hands, while the younger son sprayed deodorant in her direction. In another part of the footage, the el- der son was pushing his mother against a wall and a door, while the other was throwing objects in her direction. The mother was seen trying to stop her sons from running out of the garage and in the struggle pushed them and one of the boys put his hands against her face. The Court expressed its concern. The father had told the court that there were other incidents which were not caught on camera. Since the footage shows that the actions of the minor children could have injured the mother, then her re- action could be interpreted as arising as a result of provocation, as regulated in Article 230(c) of the Criminal Code. Although it is not clear whether she raised the defence of provocation, she mentions it in her appeal application. In Il-Pulizija -v- Alan Gauci, decided on 4 July 2013, by the Court of Criminal Ap- peal, held that invoking provocation as a defence must be in lieu of a crime, and that the reaction must be performed by a person with an ordinary temperament, and be of a proportionate nature to the events in question. The Court of Criminal Appeal, held that although in the CCTV footage the mother could be seen to be forcefully pushing her children into the house, it is clear that this was not done to delib- erately cause harm to the children. Al- though the children did sustain some injuries, they did not arise as a result of deliberate action. Therefore, the Court upheld the ap- peal and revoked the first judgement and declared her not guilty of the charge. Court accepts and explains defence of provocation LAW