A man who was found guilty of robbing an elderly couple and is currently on bail in a homicide case had his seven-year prison sentence reduced to 18 months, sparing him five and a half years in prison.

Christopher Scerri, who is now 46, was originally charged alongside his partner in crime Freddie Delia over the robbery which took place at around 7.45am on September 6, 2009, at the elderly couple’s Żabbar home. 

Scerri was found guilty of stealing €10,954 in cash and around €4,000 worth of jewellery while the couple were attending mass. 

Last year, Scerri’s sentence was annulled for a second time.

The two suspects were subsequently charged with aggravated theft. Scerri was separately charged with breaching a suspended sentence, a probation order and also relapsing. 

They were convicted by a Magistrates’ Court, but that judgement was annulled following an appeal lodged by Scerri.

In 2019, he was sent back to the Magistrates’ Court for his case to be decided again.

Another Magistrates’ Court delivered judgment in 2020, confirming Scerri’s conviction on all charges and condemning him to a seven-year jail term. He got two years for the Żabbar robbery, two for a previous suspended sentence, one year for another suspended sentence and two years for breaching the terms of a conditional discharge. 

Scerri then appealed that sentence.

Robbers were given key to victims’ home

The Court of Criminal Appeal decided to re-hear the case, with the case ending up before Magistrate Ann Marie Thake.

The basis of the proceedings was the testimony of a certain Omar Pisani, who said he was approached by Freddie Delia, to give him the key to the victims’ home. Pisani at the time was dating the daughter of the couple who were robbed. 

Pisani said Scerri was also present when he met Delia to give him the key.

The court examined whether it had enough evidence to be morally and legally convinced of Scerri's guilt and whether there was sufficient evidence to find him guilty through Pisani's testimony.

The defence argued Pisani could not be considered a reliable witness due to the way he had testified.

The investigation started to gain steam after an anonymous tipster told police that two men in a Mitsubishi Pajero had carried out the robbery. Information officers were able to confirm through further investigation and CCTV footage. 

The men were seen turning a corner from the elderly couple's house, walking back with a full suitcase and fleeing the scene.

The car belonged to Scerri’s wife, and he was arrested shortly afterwards. Police also searched a Gżira residence where Scerri was known to have lived, and a green t-shirt similar to the one he wore during the robberies was seized.   

During a police interview, Pisani confirmed he had given the key to Delia, and Scerri was introduced as a good person in the theft business. The duo made a copy of the key and returned the original to Pisani.

Case pending for almost 15 years

In determining the sentence, the court said it cannot ignore the fact that the case has been pending for almost 15 years.

The court said it would be unfair to the defendant to ignore the progress Scerri has made in his drug rehabilitation programme, and how he has used the past years to do his best to change his life.

The court also said it could not ignore the gravity of the crime committed by him, as well as the value that was taken during the robbery. 

The accused was given 18 months effective imprisonment. 

The prosecution was led by Assistant Commissioner Keith Arnaud and Inspector Fabian Fleri.

Lawyers Franco Debono and Marion Camilleri were counsel for Scerri.