Issue link: https://maltatoday.uberflip.com/i/1327039
maltatoday | SUNDAY • 10 JANUARY 2021 15 THE crime of usury take place even before the transaction, but upon the agreement that the repayment or reward would be higher than 8%. This was held in Il-Pulizija v Rosario Brincat, a judgement delivered by Madame Justice Edwina Grima on 6 Janu- ary 2021. Brincat was accused of usury, causing fear of violence and be- ing a recidivist. The Magistrates Court found him guilty of these charges and condemned him to 18 months' imprisonment and €15,000 fine. Brincat appealed. The Court of Appeal point- ed out that the crime of usury was introduced in the Crimi- nal Code by means of Act III of 2002. The Magistrates Court had believed the victim of this case, although he could not be precise of the amounts he bor- rowed from Brincat and the payments he effected. The Ap- pellant argued that the Magis- trates Court in its judgement did not analyse the evidence well and that the victim should not have been believed. The victim then declared in Court that Brincat was paid in full and therefore did not want to con- tinue with these proceedings. The facts of the case show that Brincat did lend money to the victim on a number of occasions. He had mentioned a number of different sums he borrowed from the Appellant to the police. The victim had financial problems due to gam- bling and frequently went to the Appellant for money. The Court of Appeal in its judgement held that the law on usury is modelled on Article 644 of the Italian Penal Code, although it is not identical. In Il-Pulizija v George Xuereb de- cided on 15 January 2009 the Court of Appeal had said the crime is committed even with the promise of a higher interest rate. Article 1139 of the Civil Code allows 8% and in Article 1854 allows 5% interest, if there is no agreement on the rate of in- terest. There are exceptions in the case of banks and bonds. Therefore, usuary takes place if there is an agreement to go be- yond these interest rates. This was stated by an Italian jurist Francesco Antolisei. The crime is also sustained when there is an offer or willingness to pay high interest rates. Therefore, if the accused is aware that he is being asked to lend money for a high interest rate is sufficient for the crime to have been com- mitted. In this case, the evidence showed Brincat was approached by the victim asking to bor- row money. There is no record of the amount borrowed, and nothing in writing. The Court said it did not believe that there was no record of the large amounts borrowed which had a span of a number of years, The victim claimed that the Appel- lant asked for payments every week. The evidence also showed that the interest charged was higher than 8%. The victim al- though forgave the appellant, told the court that he was con- stantly chased for money and was afraid of him, so much so that he had to leave home and enter Dar Suret il-Bniedem. Th victim explained that he was also beaten. The Court of Ap- peal believed that there was an agreement between the two in which the interest rate was be- yond the limits imposed by the law. As to the charge of harass- ment, Madame Justice Grime pointed out that it was intro- duced and made applicable in February 2006. The charge sheet mentions that the crimes were committed on 1 July 2006 and before. Therefore, the prosecution has to prove that the crime was committed between February and July 2006. The was no ev- idence when the victim feared violence against him and when did the incidents of violence take place. As to the punishment award- ed, the court noted that Arti- cle 298C of the Criminal Code (the crime of usuary) allows a maximum of 18 months im- prisonment and a maximum fine of €37,940.60, while Article 251B of the Criminal Code (the crime of harassment) allows a maximum prison sentence of 6 months and a fine of €11,646.87. The Court held that he was not guilty of the second charge. As to Brincat being a recid- ivist, the Court held that al- though there is a long list of crimes committed on his record sheet, there was only one other crime committed prior to the commission of the crimes sub- ject to this case. The Court had awarded a fine, but there is no evidence whether he had in fact paid the fine and in terms of Ar- ticle 50 of the Criminal Code, the Magistrates Court could not declare him as a recidivist. The Court took into consider- ation, that there is no evidence that the Appellant reformed himself, but it could not ignore that the victim forgave him and could not ignore the fact that the case took very long to come to a conclusion. Therefore, the court confirmed Brincat guilty of usuary found him not guilty of harassment and amended the punishment to 6 months imprisonment and to a fine of €5,000. COMMERCIAL CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Usury may occur upon the promise of higher interest rates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 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 QAWRA – Calling all developers this is an ideal development opportunity. Presently a 3 bedroomed penthouse with own airspace on the outskirts of Qawra close to Kennedy Grove, not far from the new primary school and main bus routes. Two double bedrooms and 1 single bedroom, two bathrooms, lift, double glazing doors and windows. With the option to build up a fur- ther 3 floors. Offers in the region of €310k. Once developed these apart- ments would be a strategic rental invest- ment or resale opportunity. Kindly mes- sage owner on 99201846. NO AGENTS. 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. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air conditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT LABOURERS - OZOMALTA is seeking to recruit individuals to work as labour- ers. The chosen candidates must be able to speak and write fluently in English. Kindly apply by sending a detailed CV to careers@ozogroup.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and clean- ers. 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. MULTIPLE VACANCIES - Xzone Detergent shop is looking for store manager, storekeeper, shop assistant, cashier and delivery personnel with a valid car driving license for full time employment. Suitable candidates are requested to send a detailed CV to info. xzonemalta@gmail.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 LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates