A man serving a three-year prison sentence after admitting he used false documents to facilitate human trafficking has been freed on appeal. 

On Thursday a court nullified a previous guilty verdict, finding that the way the case had been prosecuted was not in-line with the law. 

Somalian national Mohamed Omar Adam had pleaded guilty when he was charged back in July and was sentenced to three years in prison.  

He then changed lawyers and appealed. 

The court, presided by Judge Giovanni Grixti, declared that the Principal Immigration Officer had no legal power to prosecute the case.

Offences related to the misuse of passports and other identification documents used for travel are regularly prosecuted the head immigration officer. 

Mr Justice Grixti declared that the Immigration Act grants the officer the powers and rights to exercise “all duties and powers under this Act”. 

The law goes on to authorise the officer to delegate his powers to other public officers – if the delegation is made in writing.

However, referring to another recent judgment handed down by the courts in September, it turned out that the only written nomination had been made back in 1970.

Mr Justice Grixti said the law was clear in that the immigration officer had no power to lead a prosecution. 

The judge said the prosecution had been led by an official who had no power to do so.

Adam ultimately had his sentence overturned. 

Lawyers Franco Debono and Francesca Zarb appeared for the accused at appeal stage.