Two brothers were yesterday each sentenced to 10 years in jail after they were found guilty of violently raping two underage boys when their mother entrusted them in their care.

Following a four-day trial by the bench, presided over by Mr Justice Joseph Galea Debono two weeks ago, Dennis Pandolfino, 58, from Sliema and his 63-year-old brother Anthony, from Pembroke were found guilty of raping, defiling and sexually abusing the two brothers who at the time were 10 and 11 years old. They are now 14 and 15 years old.

The Pandolfino brothers were also found guilty of being in possession of pornographic material but were cleared of holding the boys against their will.

Mr Justice Galea Debono handed down his decision in a 61-page judgement yesterday. While jurors in a trial by jury has to simply declare an accused guilty or not guilty without giving any reasons as to why they reached that conclusion, a judge presiding over a trial by the bench has to give reasons for every decision he takes. As a result, his judgement was detailed in every aspect, including the legal points which were raised during the trial.

Mr Justice Galea Debono found Dennis Pandolfino guilty of violently raping and defiling both underage boys while Anthony Pandolfino was found guilty of raping and defiling just the older of the two brothers. Both men were found guilty of possessing pornographic material portraying underage children.

In his judgement, Mr Justice Galea Debono said that the Pandolfino brothers had taken advantage of the fact that the boys’ mother led a disordered and irresponsible life and managed to convince her to trust the boys in their care. He said the Pandolfino brothers then used the boys to satisfy their lust “how and when they wanted”.

Mr Justice Galea Debono said this was not a one-time occurrence but was a constant “system of conduct planned to satisfy their respective perversity”.

The judge said that according to law, the minimum punishment that can be handed down in this case is a jail term of three years and eight months and a Lm10,000 fine. The maximum punishment according to law is 15 years and three months in jail.

Mr Justice Galea Debono said that in view of the “seriousness” of the case and in view of the fact that the crime was committed systematically and continuously, the punishment had to be closer to the maximum rather than the minimum. In view of this, he jailed the Pandolfino brothers to 10 years in jail each and ordered them to pay Lm137 each in court expenses.

He also ordered that the time the Pandolfino brothers spent in preventive custody be reduced from the jail term.