Issue link: https://maltatoday.uberflip.com/i/1376560
maltatoday | SUNDAY • 23 MAY 2021 19 ALTHOUGH the charge of pretended rights is a crime, it is not far off from rights that emerge from civil law. This was held in Il-Pulizija -v- Paul Agius, Joseph Agius and Ema- nuel Agius, decided on 19 May 2021 by Magistrate Dr Don- atella Frendo Dimech presid- ing of the Magistrates' Court in its criminal jurisdiction. The three brothers were ac- cused of pretended rights that took place on 6 June 2020 and the following days. The Court immediately delved into the elements of pretended rights as stated in Article 85 of the Criminal Code. In Court of Criminal Appeal judgement delivered on 30 November 2016, the Court had held that the Court should in these cas- es investigate whether a state of affairs has been unilaterally changed and the victim of this offence has been deprived from the use of the possession. This offence is not intended for the Court to investigate the title of the parties over a property be it moveable or immoveable property. It is intended for one does not take the law in one's hands and in order to have a status quo. This is like the civil action of spoliation. The Court made reference to another judgement Il-Pulizija -v- Eileen Said decided on 19 June 2002 by the Court of Criminal Appeal. Here the court held the offence of pre- tended right is in fact a grey area between civil and criminal law. Sir Andrew Jameson in his report when drafting the Mal- tese Criminal Code held "...it is doubtful whether acts of this kind would not be better left to the operation of the ordinary civil remedies by way of inter- dict of or claim for damages...". The elements of this offence are when a person is deprived from the use of something and when the accused acted be- cause he has a right to act in this way. The accused must be aware that he should have tak- en a legal route. There must be an act which deprives the possession of the object of the crime. In this case, the injured par- ty is claiming that the Agius brothers laid soil in such a way as to watercourse would not lead to their well and that they closed an opening between two fields. The Court appointed architect, did not find that the soil place disturbed the levels of the fields, as alleged by the injured party. When the lev- els were increased the water- course was still accessible for water to lead to the well. The injured party did not manage to prove that there was any material change in levels that would not allow the flow of the water. On this complaint the Court found the accused not guilty. As to the opening in the wall, the Court referred to one of the accused's testimony the in- jured party did use a particu- lar opening, which was opened around 2010, until 2020, be- cause the wall supporting the opening needed maintenance and because it was no longer needed to transfer agricultural products from one field to an- other. Notwithstanding this the Court held that the charge sheet mentioned that the al- leged crime was committed on 6 June 2020 and days after. The complainant held that the opening was closed in Septem- ber 2020, which is not days af- ter, but 3 months after. The Court here also found the accused not guilty. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT Pretended rights charges borders on the civil law rights HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE QAWRA – Calling all developers this is an ideal development oppor- tunity. 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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SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT COBRA INSTALLATIONS – have a number of vacancies currently available. ELECTRICIAN AND PLUMBER we require the servic- es of an Electrician and Plumber or an Electrician and Plumber Assistant (x 2). Experience in electrical and plumbing insula- tions an asset. ELECTRICAL and PLUMBING INSTALLERS and ELV INSTALLERS this vacancy is part time. SUB CONTRACTORS: Electrical and Plumbing. To work with us on our projects from time to time. OFFICE ASSISTANT to work in office administration. Knowledge or word and Excel a must. This vacancy is part time. All salary packages are negotiable but depends on experience. Email a CV on kevin@cobrainstallations. com or call on 99498033. HOST/HOSTESS - We require a host/hostess to work full time including Friday, Saturday & Sunday evenings and public holi- days. Minimum wage. 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Kindly send a CV to gfenech68@gmail.com WANTED COLLECTIBLE items such panini albums and loose stickers, old post- cards and posted envelopes, med- als, militaria, coins and paper mon- ey, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates