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MW 15 January 2014

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8 News maltatoday, WEDNESDAY, 15 JANUARY 2014 Fuel thief jailed for over three years A man is jailed for three years and seven months after pleading guilty to a string of fuel thefts, diving an unlicensed vehicle and relapsing CHRIS MANGION MARTIN Joseph Xuereb, 40 of Bormla, was imprisoned for three years and seven months after pleading guilty to various thefts of fuel and driving without a licence. Inspectors Jurgen Vella and Spiridione Zammit told the court how Xuereb was known to them about theft of fuel, however when he was arrested again he collaborated with the investigators and admitted his guilt. Xuereb was charged with five thefts of fuel, driving a vehicle without licence and insurance, breaching a probation order and committing an offence while on bail. He was also charged with relapsing. "Through his cooperation we managed to solve a number of pending cases regarding fuel theft. Investigations showed how Xuereb, a heavy drug user, turned to stealing to fuel his habit and to pay off large amounts of outstanding debt he took out to buy drugs. These problems added to other family related issued had the better of him but he showed his intent to change his ways if given support," the inspector explained. The prosecution asked the court that should a prison term be imposed, a drug rehabilitation pro- Mum who did not pay child support gets jail converted to €300 fine A Court of Appeal converted a month's jail term handed to a woman convicted over failing to pay her husband child support, to a €300 fine after the woman appealed judgement CHRIS MANGION THE Court of Appeal converted a month's jail term handed to Nikolina Vella to a fine of €300 after she appealed from a conviction of failing to pay child support to her former husband. When the former couple filed for separation, the husband received custody of their children, and the wife was ordered to pay maintenance. The couple agreed that the children would alternate weekly between their residences. On 6 May 2013, Vella was found guilty of not paying the maintenance due to her estranged husband. However in 2012, Vella omitted to pay maintenance for six months and her former husband filed against her. Vella argued that during the six months in question, she had spent more on the children than what their father had spent, hence she did not owe him any payments. She also claimed that the husband himself had agreed to waive any monies owed if the children spend the same length of time with their mother, as they did with him. The Court of Magistrates found Vella guilty of not paying her child support and handed her a month's jail term. The convicted appealed judgement. Ruling on Vella's appeal, Mr Justice Lawrence Quintano heard that the couple had since reached a payment agreement for the outstanding amount of €2,000. Taking the witness stand the es- tranged husband testified that he had been receiving child support regularly since December 2012. Judge Quintano rejected Vella's appeal from the previous judgement and upheld the conviction of the first court. However the judge converted the month's jail term to a €300 fine. Lawyers Franco Debono and Marion Camilleri appeared for the accused. gramme was also suggested. Defence lawyer Mark Mifsud Cutajar informed the court that the accused was pleading guilty and apologised for his actions. Magistrate Charmaine Galea told Xuereb that he had already been given a number of opportunities to change his ways, yet he kept relapsing. The accused was imprisoned for three years and seven months. He also had his driving licence suspended for a year following his release from prison. Inspectors Jurgen Vella and Spiridione Zammit prosecuted while Dr Mark Mifsud Cutajar appeared for the accused. Thief handed suspended sentence Man in whose residence police found stolen items is handed a suspended sentence after victim identified him in police ID parade WILLIAM Agius, the man identified by a robbery victim and in whose house police officers found the stolen items, was handed a two-year suspended jail term after being found guilty of a Luqa robbery four years ago. Prosecuting inspector Frans Micallef explained how 30-yearold William Agius broke into an apartment in Luqa from which he stole a collection of old coins and medals, which belongings were later seized by the police from his residence. In the afternoon of 28 February 2010, William Bondin heard the front door of his residence being banged shut. His family's dogs started barking. Bondin and his cousin went to investigate the commotion when they saw a man in the living room carrying a white bag. The thief looked at the two men and then ran away. During an identification parade held at the police headquarters, Bondin identified the accused William Agius as the man in his living room. Samuel Cachia, who lives next to the victim, took the witness stand and explained he had seen three men leaving Bondin's residence. One of the men was carrying a large white bag. The three thieves were using a white Kia Mentor, which belonged to the accused. The police searched the residence of the accused where they found a white bag containing the stolen coins and medals. However Agius denied being involved in the case and claimed he had lent the car to his girlfriend's brother Roderick Debono. Agius's alibi was that on the fateful day he was with his girlfriend at his mother's house. This was confirmed by Emanuela Agius, who testified her son and his children always spent Sundays at her house. Magistrate Claire Stafrace Zammit noted that Debono and Agius look similar to each other, yet the prosecution failed to include Debono in the identification parade. Furthermore, no evidence was brought forward to prove it was Debono and not Agius who committed the theft. Magistrate Zammit found William Agius guilty of robbery and handed him an eight-month jail term suspended for two years. Lawyers Franco Debono and Marion Camilleri appeared for the accused. Zurrieq mayor convicted of harassing Daphne Caruana Galizia ZURRIEQ Mayor Ignatius Farrugia, together with mother and daughter Maria and Kimberly Vassallo, were found guilty of harassing Malta Independent columnist Daphne Caruana Galizia, during a parish feast in Rabat, on 29 March 2012. The columnist and blogger had sought refuge in a Rabat convent after a run-in with a small crowd shouting 'Malta Taghna Lkoll' the Labour electoral slogan - and who were said to have asked that the priests throw Caruana Galizia out of the convent. During previous sittings, witnesses gave graphic descriptions of how Farrugia walked behind Caruana Galizia, gesticulating to mock her. The two women were said to have called the blogger "an evil woman". Magistrate Francesco Depasquale found the three accused guilty of breaching the public peace and harassing the blogger. However the two women were acquitted of charges of assault. They were each fined €2,400. Caruana Galizia was placed under a protection order for a year against a guarantee of €1,000. Inspector Sarah Magro prosecuted, while lawyers Marion Camilleri and Chris Cilia appeared for Farrugia and the Vassallos respectively. After judgement was delivered, Zurrieq mayor Ignatius Farrugia together with Maria and Kimberly Vassallo filed an appeal from the court's decision. In a separate case, Caruana Galizia was acquitted of defaming the Vassallos when she published their photos on her blog. The photos, taken from the women's Facebook profiles showed the Vassallos during a costume party. Magistrate Francesco Depasquale said that everyone had a right to publish their own photos on social media, including Facebook, however when doing so one had accept to be on the receiving end of comments and ridicule posted by others as a reaction to the pictures. The Vassallos had freely decided to post their photos on Facebook. Caruana Galizia used photos available to the general public and commented about them. "Such comments were deemed as fair comment," the magistrate said. Caruana Galizia was acquitted of defaming the mother and daughter. YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt

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