A convicted thief who had tasered a woman during a movie-like hold up 11 years ago had his jail term converted to probation upon evidence of ‘considerable progress’ in mending his ways.
Carmel Zammit had been tracked down as the prime suspect behind the robbery that took place one afternoon back in July 2008 when a customer, drawing funds at an ATM close to the San Gwann Industrial Estate, was stunned by a taser gun aimed at her by the stranger who had crept upon her.
As the victim ran towards her car parked nearby, her aggressor got there before her, grabbed her handbag, which had been left lying on the front seat, and ran off.
Undeterred, the woman chased after the thief, managing to catch up with him close to the Mater Dei Hospital where the two confronted each other.
As the man attempted to aim his taser at the woman again, the latter tried to persuade him to hand over her credit cards, driving licence and money in exchange for some of her cash.
The assailant ultimately backed off, disappearing from the scene with some €150, his distinctive and unsteady gait leaving a lasting impression upon his victim.
That confrontation in open daylight had enabled the woman to better identify her aggressor, not only in photos shown by the police but also at the identification parade when she had asked all those lined up to walk by so that she could spot the distinctive gait of the alleged culprit.
The man was prosecuted and given a three-year effective jail term which he was to serve at the forensic unit in view of personal health issues.
In the course of appeal proceedings, the accused argued that his physical impairment to both leg and hand would have made it impossible for him to handle a taser gun.
Yet, the Court of Criminal Appeal, presided over by Madam Justice Edwina Grima, concluded that the evidence left no doubt as to the appellant’s guilt.
However, it also took note of the circumstances of the accused, particularly the testimony of his probation officer who explained that the man had marked “considerable progress,” had overcome his drug problem and was more cooperative during constant supervision and “random home visits.”
The officer recommended continuing and uninterrupted psychiatric care for the man to avoid his lapsing back into the vicious drug circle.
The Court, while noting that the appellant had a voluminous criminal record dating back to 1987, observed that since 2011, the man appeared to have mended his ways.
For the purpose of striking a balance between the gravity of the offence and the circumstances of the case, the Court changed the three-year effective jail term to a three-year probation order and treatment order.
The court cleared the appellant of having held his victim against her will, noting that her reaction “though very courageous, undoubtedly showed that at no point had she been held against her will, not even momentarily so”.
Lawyer Kathleen Calleja Grima assisted the accused.