Issue link: https://maltatoday.uberflip.com/i/1342444
maltatoday | SUNDAY • 21 FEBRUARY 2021 15 AN order to be maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offence. This was held by the Court of Criminal Ap- peal, presided by Madame Jus- tice Consuelo Scerri Herrera in a judgement Il-Pulizija -v- Mario Bartolo decided on 9 February 2021. Bartolo was accused of not paying maintenance to his es- tranged wife as ordered by the Family Court. The Magistrates Court found him guilty and or- dered a month's detention. He appealed from the judge- ment and argued that this name is not Marius but Mario Barto- lo. This is something that the Court of Appeal cannot correct and therefore, the proceedings should be annulled. This was the position in a judgement de- livered on 28 February 1959 in Il-Pulizija -v- Robert Pace Bon- din. Another ground of appeal concerned on the fact that the was doubt whether mainte- nance should be paid, since the separation contract between the appellant and his wife maintenance should be reduced from his salary. Now the appellant no longer works and is a pensioner. He also argued that he is in a state of impossibility as he cannot afford to pay his wife's main- tenance anymore. He has a pension of €900 per months and has medical needs and the maintenance is €466. The Court of Criminal Appeal noted in its judgement held that on 5 January 2021, Bartolo paid his wife slightly over €3,000, which covers the period of un- paid maintenance in the charge sheet. His wife declared that the sums is in settlement of what was owed in this particular case. The Court is aware that there are pending proceedings before the Family Court on the issue whether the maintenance should be reduced or not. As to the ground of appeal over the appellants names was overcome with an amendment to the name of the case. As to the ground of appeal that there is a doubt in favour of the appellant because it is unclear whether he should con- tinue to pay maintenance, since he is now a pensioner, is a case of how the First Court analysed the evidence before it. In judge- ments such as that of Il-Pulizija -v- Joseph Zahra decided on 10 May 2002 by the Court of Crim- inal Appeal, the court had stat- ed that the Court of Criminal Appeal should not disturb the First Court's discretion of how it dealt with the evidence, but will do so if it finds that with the evidence there was it could not reach to the conclusion it did and that its examination of the evidence was unsafe and unsatisfactory. The Court quoted from vari- ous judgements such as that of Il-Pulizja -v- Raymond Cuta- jar decided on 2 September 1999, which explained the or- der to pay maintenance must be replaced by an order that expressly ordering that order is revoked for the appellant to be able to have not committed an offence. It is enough for the prosecution to prove that the maintenance order exists and the maintenance was not paid after 15 days from that order. The Court of Criminal Appeal did not accept the defence of impossibility. In Il-Pulizja -v- John Debono, decided on 1 June 2011, the Magistrates' Court held that the fact that a person even though he is unemployed, does not give him the right not to pay main- tenance, but it is important that he takes the necessary steps before the competent court to have that maintenance revoked or reduced. On the other hand, the Court took noted in the appeal pro- ceedings the maintenance was paid and the personal circum- stances as to why the mainte- nance was not paid on time. The Court confirmed that Bar- tolo was guilty of the offence, but removed the detention or- der and merely fined him €58. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Maintenance must be paid until it is decided otherwise 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. 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Call on 21322452 SITUATIONS VACANT DELIVERY DRIVERS - OZOMALTA Ltd is seeking to recruit individuals to work as Delivery Drivers. The chosen candidates should speak/write fluently in English and hold a driving licence category A1 and/or B. To apply send a detailed CV to careers@ozogroup.com MT CLEANWELL – We are seeking to recruit staff for the following posi- tions; construction site cleaners, pub- lic area, restaurant/factory cleaners. Full Time and immediate employment. Candidates must speak Maltese or English. Duty requirements will include carrying heavy items and the flexibility to work night shifts, weekends and pub- lic holidays. Monthly wage 800 -1200 euros. Send your CV via email: mtclean- well@gmail.com CASHIER / GENERAL ATTENDANT - Tikka Thai Street Food of Naxxar are seeking the immediate employment, on a part-time basis, of a person with knowledge of Thai cuisine, to work as a cashier and to also assist in general res- taurant duties, for example explaining to customers the ingredients of dishes offered. Although no particular qualifi- cations are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demon- strate sound knowledge of Thai tradi- tions and Thai cuisine. Experience in a similar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cooking). A salary of €400 per month is being offered to the suitable candidate. Interested candidates are to send their cv by email to piak@onvol. net with the words "Cashier/general attendant" as the subject, by not later than 21st February 2021. CHEF - Padthai Kitchen (Jungle Joy) of Gzira is seeking the immediate employ- ment, on a full-time basis, of a Thai Food Chef. His/her duties will include choosing the right ingredients on the market, food preparation, and cook- ing of authentic Thai dishes. The ide- al candidate should be in possession of the appropriate catering qualifica- tions. In the absence of qualifications, a minimum of five years' experience is required, in a similar Thai restaurant working as a Chef. A salary of €9,600 per annum is being offered to the suita- ble candidate. Interested persons are to send their cv by email to piak@onvol. net with the word "Chef " as the subject, by not later than 21st February 2021. 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Experience in a similar position would be considered an asset. The can- didate must also have a clean criminal record. A salary of €800 per month is being offered to the suitable candidate. Interested candidates are to send their cv by email to piak@onvol.net with the words "Kitchen helper" as the subject, by not later than 21st February 2021. 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. 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