Judgement overturned

The Appeal Court yesterday overturned a judgment given by the Court of Magistrates and acquitted John Muscat of Nadur of the charge of having failed to keep a firearm or ammunition under his custody in such a way as not to fall into the hands of other persons.

Muscat, 49, had originally been found guilty of having left several firearms unattended in his house in that they could have easily fallen into the hands of other persons. He had been fined Lm100 and the Court of Magistrates also ordered the confiscation of his four firearms and ammunition exhibited in court.

In the appeal judgement, Chief Justice Vincent Degaetano examined the circumstances of the case and referred to the fact that the police, on entering the accused's house to make a search, had found four firearms resting against the wall as well as ammunition on the kitchen table. However, the court noted, the house had been locked by the accused before leaving it to go on an errand and, at the time, no one else was present inside the residence.

The Appeal Court concluded that there was no reason to believe that the firearms and ammunition belonging to the accused on that particular occasion could have easily fallen in the hands of third parties and, thus, acquitted him of the charges brought against him.

Police Inspector Alexander Paul Miruzzi prosecuted.

Dr Chris Said assisted the accused.