A man who in November 2021 was convicted of instigating hatred towards Jews was spared a €3,000 fine but had his suspended jail sentence confirmed by an appeals court on Thursday.
Jean-Pierre Sammut had been handed a six-month jail term suspended for two years upon conviction by a Magistrates’ Court over a comment he posted on social media linking the “Coronavirus saga” to the “International Jewish Conspiracy.”
He was found guilty of instigating racial hatred, using a communications network to threaten commission of a crime and misuse of electronic communications equipment.
“Unfortunately the Coronavirus saga (which is partially a hoax) is in the hands of The International Jewish Conspiracy…Truth is that things are not as terrible as the (jewish-controlled) media is saying,” went Sammut’s comment posted on March 18, 2020.
The following day police received a report which kickstarted investigations in his regard.
Sammut sought to clarify, telling police that “The International Jewish Conspiracy” was the title of a mafia organization and claiming that he never meant to instigate hatred but to encourage discussion.
He was subsequently prosecuted and eventually convicted, but filed an appeal.
When testifying in court, Sammut, citing Wikipedia, presented an extract about “Zionist Occupation Government Conspiracy Theory” which included a reference to the Jewish conspiracy.
Whilst observing that that extract was riddled with conjectures, the Court of Criminal Appeal, presided over by Mr Justice Neville Camilleri, held that the theory was anti-Semitic.
Sammut’s comment about the “Jewish-controlled” media was intended solely to cast the class in a negative light on racial grounds, with the intention of instigating hatred, the court said. It thus confirmed the conviction on that offence.
The court also confirmed conviction as to the misuse of electronic communications equipment, but acquitted the appellant of using that equipment to threaten commission of a crime.
The appellant also argued that the punishment meted out by the first court was disproportionate and excessive.
But the court of appeal observed that the jail term fell within the minimum punishment in terms of law.
However, since one offence served to commit the other, the punishment for the lesser crime was absorbed in the other and consequently, the court partially upheld the appeal, reducing punishment by revoking the €3000 fine.
Lawyer Ishmael Psaila assisted Sammut.