A man who was jailed last week for missing a court appointment was released by a judge today after it was successfully argued that he had not been properly informed about the sitting.

The man, 43, was sentenced to a two-month jail term by a magistrate’s court after he failed to turn up in court for a hearing on a case concerning missing maintenance payments to his estranged wife.

But the Criminal Court of Appeal, presided over by Mr Justice Giovanni Grixti, ruled today that there were inaccuracies over a court usher’s report over who exactly notified the accused of his appeal hearing. In addition, the court ordered for the man to be removed from prison and was given another date for his appeal to be heard.

Last Wednesday, the man had gone to the police station to sign his bail-book and he was informed that he was being taken to Corradino Corrective Facility for failing to appear for his appeal on 13 March, therefore making a two-month prison term effective.

An application, known as habeas corpus, was filed by lawyer Franco Galea on 23 March before duty magistrate Doreen Clarke for the immediate release of his client from detention pending the resolution of the appeal issue. Magistrate Clarke ruled that it was not the competence of the Magistrates Court to decide on whether to release the accused from prison.

This led to the case being filed before the Criminal Court of Appeal before Mr Justice Grixti.

The court usher argued that Mr Pisani was notified by PC 148 on 4 March.

During testimony, PC 148 said that it could not have been him, despite the court usher having said that it was, because he was off duty on 4 March. Another constable, PC 828 testified that on 3 March it was him who passed on documents to the accused, but he did not have the accused sign off that he received them as this was not the practice, and could not confirm that the documents he passed on had anything to do with the appeal summons.

In view of the “serious” inconsistencies, Mr Justice Grixti ruled in favour of the accused and ordered that he be released from prison.