Man admits insulting magistrate in Facebook post

A 52-year-old man was remanded in custody pending sentencing on Wednesday after pleading guilty to insulting a magistrate who had convicted him and his partner several years ago.

Winston Gera landed in the dock after Magistrate Donatella Frendo Dimech filed a report about a Facebook post by the accused. 

The post read: “She got us into a situation where you cannot live. Soon it will be ten years, I cannot continue like this because a magistrate, who is mental, decided so..." 

Gera went on to accuse the magistrate of being vindictive and said enough was enough and he would not hold back. 

The pair were prosecuted in 2017 after one of their employees filed a police report saying that she and her colleague were brought to Malta from China to work as massage therapists only to see their passports seized on arrival.

Gera and Zhang were accused of human trafficking and forcing people into prostitution, among other charges.  

Magistrate Frendo Dimech had presided over a case and in December 2020 sentenced the two to seven-year jail terms while decrying their actions as a form of refined slavery.

The judgement was subsequently annulled by the Court of Criminal Appeal on a technicality and the two have since been awaiting re-sentencing. 

In his appeal decision, Mr Justice Neville Camilleri had concluded that the first court's judgement did not meet the requirements of the Criminal Code, which specified that “the court, in delivering judgment against the accused, shall state the facts of which he has been found guilty, shall award punishment and shall quote the article of this Code or of any other law creating the offence.”

The Court of Criminal Appeal observed that this lack of clarity did not apply in Zhang’s case, but since she and Gera were sentenced together, both sentences had to be delivered again.

On Wednesday afternoon, Gera pleaded guilty to reviling Magistrate Frendo Dimech, which was further aggravated by the fact that the purpose of the vilification was that of harming the reputation of the magistrate. He also admitted misusing electronic equipment and breaching bail.

The defence requested that the case be further heard behind closed doors due to the nature of the case. The request was turned down by Magistrate Marse-Ann Farrugia who said that it was precisely due to the nature of the case that she wanted full transparency.

Gera was warned by the court that his admission could result in effective imprisonment. He confirmed that he still wanted to plead guilty.

Apology

The defence dictated a note saying that Gera wanted to apologise for the comments made about Frendo Dimech and that he knew the magistrate as a person of integrity.

Bail was requested. The prosecution did not object and deferred to the court.

The defence argued that Gera acknowledged he made a mistake. It insisted that while they were not justifying what happened, the accused and his foreign partner had been charged with human trafficking and found guilty. The judgement was annulled on appeal and since then they had been waiting for a sitting before the Magistrates' Court. The massage parlours in question had been seized, and the couple had no income. The whole case had caused them hardship.

For a time, Gera’s mum had helped him out but she could not do so any longer. 

The court upon hearing the submissions rejected the request for bail on the basis that Gera was facing serious charges. It also took into consideration his refractory criminal record.

He was remanded in custody pending a pre-sentencing report and sentencing.

Magistrate Marse-Ann Farrugia presided. Police inspector Keith Xerri prosecuted.