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MT 26 january 2014

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8 News maltatoday, SUNDAY, 26 JANUARY 2014 Get over it, she doesn't love you… Stalker gets his fifth conviction CHRIS MANGION MASSIMO Tivisini, 45 of San Gwann, was imprisoned for 30 months after being found guilty of repeatedly harassing his former partner and damaging her vehicle. Police inspector Roderick Agius told the court that the accused was obsessed with trying to convince Eleanora Camilleri to return to him after the couple split in 2008. In February 2008, his obsessive behaviour earned him two suspend- ed jail terms. Arraigned again over harassing his former partner during the term of the two suspended sentences, in November 2008 the man was jailed for 26 months. After leaving prison, he was again reported to have harassed Camilleri in February 2013, earning him a further nine-month jail term. However, two months after getting out of jail the man started harassing Camilleri again. Inspector Agius charged Trevisini with having in only two months harassed the woman on more than 28 dif- ferent occasions. The man was also charged with dangerous and negligent driving, and damaging Camilleri's vehicle. After having the court explain his right to having a legal representative, Tivisini opted to conduct his own defence and filed a guilty plea. However, he later requested the services of a lawyer which were taken up by legal aid Dr Patrick Valentino. Arguing that it was his right to demand an explanation from his previous partner after he felt jilted by her behaviour, the accused reit- erated his guilty plea. Describing the accused as a rejected stalker, Magistrate Aaron Bugeja had strong words in view of his obsessive behaviour. "You are a mature man, married and being continually chased by your wife for child support. Your behaviour is unacceptable," the magistrate said. Trevisini was imprisoned for a further 30-months and ordered to follow medical treatment during his jail term. The accused was also ordered to pay €153.10 for damages he caused to Camilleri's vehicle. Father jailed after lapsing on child support A Court of Appeal upheld the judgement of a previous court but reduced a three-month jail term to two months, after considering that a father had failed to pay his child support for the third time. In February 2013, 62-year-old John Debono was convicted for not paying his child support over a period of 11 months. Claiming he suffered from diabetes which had rendered him almost blind, the man said he could not keep his job and found himself in financial difficulty. He also said the banks had repossessed his property and that he now lived in an apartment together with his daughter. Debono also said the flat had been repossessed by the bank but that he was living there because it was subject to a lease agreement. His dire situation had kept him from honour- ing the child support agreement, and he recently filed a court application asking that his child support agreement be annulled. His estranged wife took the witness stand, demanding the upkeep of €160 weekly. "He paid for 9 or 10 months and then stopped paying me," she said. Following the break-up of their relationship, there was now no form of communication between the two former partners and each time her husband failed to make a payment, the woman would report him to the police. Mr Justice Michael Mallia said that the court could not accept an alleged medical circumstance to preclude a father from honouring his child support agreement. "The accused was already convicted twice over the same offence and only an effective jail term could make him realise his obligations," the court said. In 2010 and 2012, Debono was handed a conditional discharge and a 12-month suspended sentence. However he again lapsed on paying his former partner. Judge Mallia upheld the judgement of the first court in finding Debono guilty as charged, but reduced the three-month jail term to two months. Thieves get effective jail time on appeal Man charged with buying A suspended jail term for two men accused of committing an offence under probation, was turned into effective jail time by the court of appeal of Mr Justice Michael Mallia. Mallia upheld an appeal filed by the Attorney General, claiming that the first court could not impose anything less than an effective jail term for an offence committed by two men while under probation. In May 2009, Omar and Sammy Trabelsi were convicted of stealing jewellery from Mark Mintoff in Valletta. Upon conviction Omar Trabelsi had his probation order extended to four years, while Sammy Trabelsi was handed a six-month jail term suspended for a year. They were also ordered to pay the sum of €250 to the victim. The Attorney General argued that the magistrate had failed to consider that the offence was committed while both the accused were serving a probation order. "Legally the court could not impose a suspended sentence. Moreover the value of the theft and the time it was committed at were not noted by the court. Both these factors are aggravations to theft," the appeal read. Mr Justice Michael Mallia agreed with the appeal, saying the accused had committed an offence while under probation, while Omar Trabelsi was a relapser who had breached the terms of a suspended jail term. Mallia upheld the decision of the first court, ordering the accused to pay €250 to the victim, but Sammy Trablesi was imprisoned for a year while Omar Trablesi had the operative term of his suspended sentence extended by two years and six months. stolen car MARIO Aquilina, 50 of Birzebbugia, was conditionally discharged for three months after being convicted of purchasing a stolen vehicle. Prosecuting inspector Carmelo Bartolo told a court that a surprise inspection in a garage at Tal-Habbiez, Qormi, led police officers to a Renault Campus that was missing its engine. Officers noted that the chassis number and the licence plates were also missing from the car. Searches led to the engine being found in another garage, while a single number plate was found inside the vehicle. Both garages belonged to Aquilina. In police custody, the accused released a statement stating that he had bought the car for €1,165 from Alan Desira, bereft of car seats and a number plate inside the luggage booth. Desira informed him that the car was subject to an insurance claim as it had been reported stolen. "I bought the car for spare parts… I was not aware the chassis number was not there and that the seats had been taken out by Desira," the accused told the police. His version was further corroborated by other witnesses. Magistrate Miriam Hayman said the fact that Aquilina was aware of a fraudulent claim filed over the vehicle he purchased, rendered him an accessory to the offence. The court found the accused guilty of handling stolen property and handed him a three-month conditional discharge.

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