Lawyer guilty of fraud granted bail pending appeal

A lawyer has been granted bail by an appeal court after he was jailed for two years in January for forging a contract to show that he no longer owed money on the purchase of land and a notary's signature on the contract to make it look authentic.

Dr Patrick Spiteri, 38, of Wardija, had also been found guilty of trying to obtain money or property by false pretences.

Chief Justice Vincent De Gaetano, sitting in the Court of Criminal Appeal, has granted Dr Spiteri bail against a Lm12,000 deposit pending the outcome of the appeal.

Dr Spiteri was in jail after his bail was revoked in November 2002 because he went abroad without authorisation.

Following the revocation of bail, he had filed a constitutional application in the Civil Court claiming, among other things, that the fact that the court could not grant him bail a second time was in violation of his human rights.

His case was dismissed by the Civil Court but he had then appealed to the Constitutional Court (presided over by the Chief Justice, Mr Justice Joseph D. Camilleri and Mr Joseph A. Filletti) which had conceded the point.

In his April 11 ruling in the Court of Criminal Appeal, Chief Justice De Gaetano said he had noted the contents of the Constitutional Court judgment.

In granting bail, the Chief Justice bound Dr Spiteri not to leave his house except between 8 a.m. and noon and 4 and 6 p.m. and to report to the St Paul's Bay police station twice daily.

He was also bound to stay 200 metres from the coast and not to board any sea vessel for whatever reason.

Chief Justice De Gaetano said he had taken into consideration the fact that the evidence had now been compiled and there was no longer any real danger that the evidence could be tampered with.

He also noted that if the defendant failed to appear for any sitting of the appeal court, his appeal would be abandoned and he would be immediately wanted to serve the two years in jail.

Dr Spiteri was jailed by the Magistrates' Court on January 10 over a contract drafted for the sale of land he had originally bought from Carmel Muscat and his siblings to Emanuel Muscat and his wife.

The two Muscat families in this case are not related.

Notary John Debono had drawn up the contract of the sale between Carmel Muscat and Dr Spiteri while Notary Ian Spiteri had overseen the research for the contract between Dr Spiteri and Emanuel Muscat.

The police claimed the copy of the contract signed by Notary Debono and given by Dr Spiteri to Notary Spiteri had been forged and the Magistrates' Court had declared the claim proven.

The court ruled that the contract left at Notary Spiteri's office by Dr Spiteri was not a draft copy kept by Dr Spiteri for his records but a forgery meant to deceive the potential buyers and their notary and defraud Carmel Muscat.

Police Inspector Bernard Zarb prosecuted in the case before the Magistrates' Court while Assistant Attorney General Anthony Barbara appeared before the Court of Criminal Appeal.

Dr Emmanuel Mallia and Dr Giannella Caruana Curran are counsel to Dr Spiteri.