A man today was sentenced to jail for two and a half years after he threatened Magistrate Miriam Hayman for hearing his case without his lawyer present.
The incident took place on 2 October 2014 in court room 7, when Pasqualino Cefai began shouting, swearing and threatening Magistrate Hayman, PC 1415 Ryan Borg Ungaro, Inspector Johann Joseph Fenech, Inspector Kevin Pulis, Inspector Dennis Theuma and Sergeant Saviour Demicoli.
Mr Cefai took exception with Magistrate Hayman beginning to hear his case without his defence lawyer present, which led him to disrupt Prosecuting Inspector Johann Fenech multiple times while delivering his version of events. His defence lawyer on the day of the incident was Dr Edward Gatt, who was working a case within the Criminal Court of Appeal at the time of the incident.
While testifying for his client, Dr Gatt argued that Magistrate Hayman had other cases, and that it would not have been problematic for the Magistrate to hear those first, allowing enough time to pass for Dr Gatt to return. He also said that he had informed Magistrate Hayman of his other cases and asked her not to hear the case without him being present, as Mr Cefai is known to become nervous and agitated without the assistance of his lawyer.
The court heard how after Inspector Fenech left the court room in order to call witnesses to the stand, he found the accused in close proximity to Magistrate Hayman, shouting at her and using foul language.
Inspector Fenech attempted to calm the situation down, which is when Inspectors Pulis and Theuma entered the court room due to the commotion which could be heard from the hall outside. Mr Cefai, while increasingly feeling agitated, removed his jacket, grabbed Inspector Fenech from the neck, ripped off his tie and threatened to "go looking for him" (nsibek barra), kill him or cause harm to his family.
The accused was taken to the lock-up cell inside the law courts, which is when he injured PC Borg Ungaro with a pair of hand cuffs. This was confirmed through a medical certificate.
While in lock-up, Mr Cefai began smashing his head on the lockers, injuring himself. The accused eventually gave an official statement, after refusing consultation from a lawyer. He also refused to answer the questions put forward.
Magistrate Hayman, together with her staff confirmed this version of events when testifying in court. The same can be said for Inspector Pulis, Fenech and Theuma, who also testified.
The case was presided over by Magistrate Audrey Demicoli. In its judgement, the court found that while Mr Cefai had every right to request that his lawyer be present, the way in which he objected, through violence and threats, is not justifiable. The fact that Mr Cefai had the right to request his lawyer be present was considered in the court judgement.
The accused was found guilty of all charges brought against him, except of voluntarily causing harm. After all due consideration, the court found that the penalty should be closer to the maximum, sentencing him to two and a half years imprisonment and payment of court expenses which amounted to €443.62.