An accomplice in the assault of a 72-year old pedestrian who tried to stop vandalism on a parked car at St Julian’s last year has had her jail term halved on appeal. 

Paula Romero Fernandez, a 23-year-old Spanish national had landed in police custody along with her friend, French-born Ronan Clyde Hamill, also 23, shortly after being identified as the suspects in the violent attack that took place around 6am on Main Street, St Julian’s in May last year. 

A scuffle broke out when an elderly resident, who happened to be walking by, spotted the youths kicking a parked vehicle belonging to the civil protection department. 

He promptly took out his mobile phone and began to film the pair. 

The situation escalated to such an extent that the elderly man ended up with seven fractured ribs, unable to move and to recount what had happened when police arrived on site minutes later. The police had been alerted by residents who had witnessed the incident. 

One of those eyewitnesses later testified how she had seen a tourist hold the elderly man from the back, arm around his neck while hitting him “as hard as he can”.

As the victim moved away, the younger man followed him and inflicted “another good hiding.”

The witness said that she had only seen the two men fighting and that the woman did not do anything. 

Both youths were later accused of grievous bodily harm, insulting and threatening the victim, wilful damage to third party property as well as breaching public peace and being drunk in public. 

Both pleaded not guilty.

In November they were found guilty by a Magistrates’ Court and were each condemned to a four-year jail term and a €100 fine. 

The woman appealed, arguing that the punishment was excessive. 

The Court of Criminal Appeal, presided over by Madam Justice Consuelo Scerri Herrera, concluded that although it had not been proved that the appellant had physically assisted in the assault, she “was certainly an accomplice because her behaviour incited and strengthened the determination of her friend to injure the alleged victim.”

Fernandez Romero had testified about how that morning, on the eve of her planned departure from Malta, she and her friend had jokingly kicked the parked car “once on the passenger door”.

That was when the “old guy” started filming them, shouting in Maltese and refusing to stop. 

Her friend had put up his hand in a sign of peace and they walked on, ignoring the old man. 

But he allegedly ran after them as he grabbed her friend by the shoulder, shaking him.

When her friend snatched the phone, the old man turned aggressive and punched her on the forehead as she stepped in to calm matters. 

She had pushed the man but only to defend herself, the appellant claimed. 

CCTV footage of the incident showed that although the appellant appeared calm and stood staring at the fight most of the time, there were instances when she did take an active part.

In fact, she had followed the victim the first time round, instead of opting to part ways, observed the court.

The victim was only taking photos as evidence of the damage.

The case escalated because of the youths’ attitude towards him, said Judge Scerri Herrera, adding that “such actions are surely deplorable and unacceptable in our society.”

However, the punishment inflicted upon the appellant was “manifestly excessive and disproportionate” when considering her involvement in the incident as compared to her friend’s, and thus mitigation of punishment was “merited,” observed the court. 

Consequently, the four-year jail term was reduced to two years, while the €100 fine reamined unvaried.

The court also disagreed with the first court in declaring both accused jointly liable in damages for the amount of €6,000.

Such joint liability was not possible under penal law, said Madam Justice Scerri Herrera, also revoking that part of the judgment and ordering instead the appellant to pay €2,000 in damages and half of court expert expenses.