Zurrieq Mayor Ignatius Farrugia has been released from serving time in prison after what has been described as an error in the sentencing process. Mr Farrugia had been accused of breaching public peace and harassment in an incident involving journalist Daphne Caruana Galizia
Mr Farrugia was sentenced to four days in prison by Mr Justice Giovanni Grixti but this turned out to have been a human error in the sentencing process. Mr Farrugia did spend a couple of hours in jail this morning but he was immediately released upon the confirmation of the error.
“The judge made a human error, but he was gentleman enough to recognise it and petition the President to pardon Farrugia and secure his release,” lawyer Franco Debono said. Dr Debono's office is representing Mr Farrugia.
Once a judgment has been given, a judge has no authority to revoke it. In such cases, a petition has to be filed with the President of the Republic, as the chairman of the Commission for the Administration of Justice, for the sentence to be revoked.
The fine he was initially sentenced to pay - €2,400 - was also withdrawn by the court, Dr Debono said.
Writing on Facebook, Mr Farrugia thanks all those who expressed their solidarity and his lawyers Marion Camilleri and Franco Debono. "It was not a nice experience. I hope nobody else passes through it. I believe that the good always prevails."
Mr Farrugia also published a photo of the letter sent by Mr Justice Grixti requesting the president to pardon Mr Farrugia after the error in the sentencing.
The case dates back to 19 March 2013, just three weeks after the election. The appeals case judgment was delivered today by Mr Justice Giovanni Grixti.
Mr Farrugia had been found guilty of harassing the journalist and was fined €2,400. He had appealed the case.
In January 2014, Zurrieq mayor Ignatius Farrugia as well as mother and daughter, Maria and Kimberly Vassallo, were found guilty of harassing Mrs Caruana Galizia.
They were each fined €2,400 and ordered not to communicate with Ms Caruana Galizia or approach her for a period of one year, against a guarantee of €1,000 each.
The group was acquitted of physically assaulting her.
Ignatius Farrugia had followed Ms Caruana Galizia in Rabat on 19 March 2013, insulting her and chanting Malta Taghna Lkoll until she sought refuge in a convent. He made her presence known to third parties - the two women, and they joined in harassing her.
Meanwhile, Ms Caruana Galizia, who had blogged about the incident and faced charges of defamation against the two women, was acquitted on the grounds that her posts were “fair comment”.
Magistrate Francesco Depasquale said in his original judgement that the accusations were with regard to posts and photos which were openly accessible online. While it is a person’s right to make photos and material public, they should be conscious that this can be subject to people’s comments and ridicule.