Court orders suspension of prison sentence

The Criminal Court of Appeal yesterday changed a nine-month jail term into a suspended sentence after considering that the people who had reported the case did not want to insist on pressing their case further and also that the person who had been found guilty had a clean record.

Victor Mifsud had been found guilty of committing a violent indecent assault on a mentally retarded 15-year-old girl at Qawra in September 1999. The Magistrates' Court had handed down a nine-month prison term.

But Mifsud, through his lawyer Joe Giglio, had appealed.

The court, presided over by Mr Justice Joe Galea Debono, pointed out that it was not in the habit of changing punishments meted out by the Magistrates' Court. However, in this case it had noted that the girl's parents were very clear in their wish that they did not want to press the matter further as Mifsud "was a family man who had learnt his lesson" and that they pitied him when they learnt he would be sent to prison.

The court decided that it should not alter the sentence handed down by the Magistrates' Court except for changing the effective prison term into a suspended one.

Inspector D. Galea prosecuted.

Dr Robert Abela appeared parte civile.