A drug addict who was sentenced to jail for living off the earnings of prostitution through services offered at a massage parlour has had his conviction and punishment confirmed on appeal.

Johan Sultana was arraigned alongside his partner, Pawlina Cutajar, in 2019 and charged with involvement in running a brothel at a Fgura massage parlour, unlawful use of the shop, living off the earnings of prostitution as well as money laundering.

Sultana was also separately charged with unlawful possession of heroin, possessing tools normally used in break-ins, stealing while under probation, relapsing and breaching four convictions.

Investigations had started when the police stopped Sultana at the wheel of his car. A search of the vehicle yielded heroin, a balaclava, a woollen glove, a latex glove, a hammer and weighing scales.

The suspect explained that he used woollen gloves when driving his racer. He wore the balaclava beneath his driving helmet. As for the hammer, that was an accessory intended to be used in an emergency, smashing the windows in case the car plunged into water.

The scales were meant to weigh gold items, Sultana sought to explain.

But forensic tests on his mobile revealed a different picture.

It was clear that Sultana was involved in running a massage parlour where “extras” were offered to clients, the court was told.

He denied that when summoned back for questioning, insisting that he only texted about vehicle parts and some gold items.

However, police surveillance outside the shop confirmed the regular presence of male clients entering and exiting the premises.

Some of them admitted, when asked by the police, that they got sexual services against payment.

Meanwhile, Sultana was found carrying €1460 in cash when summoned back to the police station. More cash, totalling over €6000, was found at his home.

In 2022, he was found guilty by a court, presided over by magistrate Donatella Frendo Dimech, and was condemned to a three-year effective jail term.

All his property was to be confiscated, the shop licence cancelled and he was also fined €110.

Moreover a copy of the judgment was to be served upon the Director General Social Services in view of the fact that Sultana admitted that he got €600 in monthly social benefits.

The court also directed the Commissioner for Revenue to investigate any capital gains due on the shady transfer of the shop and further investigations against the shop owner and the notary who drafted the deed.

Sultana lodged an appeal on numerous grounds.

The Court of Criminal Appeal, presided over by Mr Justice Neville Camilleri, rejected each of those arguments.

The prosecution had proved beyond reasonable doubt that the funds in Sultana’s possession were linked to prostitution the court said. 

He also admitted his drug addiction, saying that a gram of drugs cost €35 and that he needed that dose or slightly more every day.

He also admitted that he got €600 in monthly social benefits.

Yet the shop owner who said that she sold the premises, was paid over €20,000 in cash. The transfer was described as a ‘donation’ and that gave rise to further doubts.

When the police seized Sultana’s mobile phone, he had no trouble buying another one for €600.

As a father, he also had to cover maintenance payments.

Since the appellant could offer no explanation for all that money, the sums must have obviously been derived from another source, observed the court.

The case records showed that the “only source” related to the sexual services rendered by his partner, Cutajar.

The prosecution, therefore, had sufficiently proved that Sultana had funds at his disposal stemming from the crimes of which he was accused.

Although in his appeal the accused argued that he was not assisted by a lawyer during interrogation, the judge who watched the audio-visual recording observed that Sultana had come across in combat mode.

After signing his refusal for legal assistance, Sultana hit back at each and every allegation made by his interrogators.

He did not seem to be in a bad mental state, observed the judge.

When all was considered, the court confirmed the conviction and the punishment in its entirety which, also in light of Sultana’s criminal record, fell squarely within the parameters of the law.