A woman convicted of running a brothel out of a Balzan massage parlour will have her case heard again on appeal after a technical hiccup saw the proceedings declared null.
Lin Han, a Ħamrun resident, was in 2020 sentenced to five years in prison and had €24,000 in cash confiscated from her premises.
Han ran the Honey Girl Beauty Spa in Balzan, which police say offered clients sexual favours in exchange for cash.
The brothel was raided by police in February 2013. Police had discovered three Chinese women, more than 100 contraceptives and sex toys.
Han had been found guilty of human trafficking and prostitution-related offences.
Her lawyers Franco Debono and Marion Camilleri had filed an appeal, arguing the punishment was too severe in terms of the law and that a formality in the proceedings had not been adhered to.
On Tuesday, Mr Justice Aaron Bugeja partially upheld the appeal on a technical point in the proceedings.
The point in question revolves around whether or not the accused had been given the opportunity to object to the way the case was being dealt with by the court of magistrates.
This formality, prescribed by law, requires the court to ask the accused whether they object to their case being tried summarily by a magistrate instead of a trial by jury.
The Attorney General argued that this matter should not nullify the entire proceedings.
However, Bugeja said in his court decision that he is legally empowered and obliged to look into procedural defects in cases.
Citing case law, Bugeja said that ensuring the integrity of the judicial process was a function of justice and the courts.
The court also pointed out that the formality in question was aimed at ensuring that the process only took place once the accused had expressed whether or not they had any objection to proceedings.
Bugeja argued that the case had not adhered to the proper procedure and the proceedings, including the final judgment, must be considered null and void.
The court then ordered that the records of the proceedings be transmitted back to a lower court to begin again.