A woman facing a lengthy jail term over her neglect of two elderly British men who died inside her Buġibba apartment had her punishment reduced on appeal.

Dragana Mijalkovic, 45, had become the subject of a criminal investigation when 78-year-old Neville Ayers was found dead inside her flat, merely months after another man, 67-year-old David Grant, had been discovered dead under similar circumstances, both men bearing visible signs of neglect.

The woman had been condemned to an effective jail term of five-and-a-half years, as well as payment of €14,518.68 in court expert expenses after a Magistrates’ Court had described the accused as a “serious and real threat to society,” unscrupulously living off elderly and vulnerable men, yet turning her back upon them when they most needed her help.

In spite of knowing that the men had medical problems, she had opted to film their refusal of medical assistance instead of rushing to seek that assistance, thereby prolonging their suffering which ultimately resulted in death.

This fact, underlined by the first court, was likewise stressed by the court of criminal appeal, presided over by Madam Justice Consuelo Scerri Herrera, who observed that the accused had “care and custody” of both victims.

In her testimony, the accused had claimed to have known Mr Grant for years, sharing her apartment with the man over the last eight months preceding his death. As for Mr Ayers, the two had been together for some 12 days prior to his demise, the last week spent together at her flat.

Being aware of their medical conditions and in spite of their refusal, she ought to have immediately sought medical help rather than keep on filming, the court observed, adding that the accused’s act of omission made her guilty of neglect. 

She had failed to seek help “at the opportune moment but only did so when it was too late” and the harm had been done, said the court.

However, the link between the appellant’s lack of duty of care and the deaths had not been proved, thereby leading the court to reduce the jail term to four years, less the time spent under preventive arrest, namely since her arraignment in 2016.

The court also declared certain statements by the accused as inadmissible since she had not signed a refusal of legal assistance during interrogation. 

As for court expenses, the court of appeal slashed the sum to €5,168.88, observing that the other €9,345.60 in relation to DNA and toxicological tests were not to be borne by the appellant since those findings had not been used to prove the accusations, which did not feature voluntary homicide. 

The court, however, confirmed the order for the accused’s repatriation after serving her term, as issued by the first court. 

Lawyer Peter Fenech was defence counsel.