An appeal from the jury’s verdict in a criminal trial cannot demand a harsher punishment, the Superior Court of Appeal has ruled.

This was declared on Wednesday in a partial judgment delivered during the appeal proceedings over the case of Allan Galea, who is currently serving a six-year prison sentence for the murder of usurer Anthony Borg, known as il-Bona.

The murder occurred on the evening of February 21, 2010 outside the PN club in Marsaxlokk after an argument broke out between the two men. Jurors had heard how Galea had allegedly challenged Borg to a fight while brandishing a knife.

Borg had fetched a small pistol from his car and fired two shots allegedly intended to scare off Galea.

The two men came to blows and Borg was fatally stabbed. He died at the scene.

Galea was tried by a jury in 2015 and found guilty, by six votes in favour and three against, of excess in legitimate self-defence. He was sentenced to six years imprisonment and a fine of €9,647.

The Attorney General had filed an appeal requesting a variation of the verdict from excess in legitimate self-defence to one of wilful homicide without any mitigating factor, the application of a harsher punishment or, alternatively, a retrial of the case.

In a partial judgment, the Criminal Court of Appeal, presided over by Acting Chief Justice Joseph Zammit McKeon and Justices Abigail Lofaro and Edwina Grima, upheld the defence’s argument and dismissed the AG’s request for a harsher punishment, saying that even if the case were to be heard afresh and guilt was to be confirmed, the court could never increase the punishment or impose a sentence more severe than the original.

The court ruled the Attorney General’s request to be inadmissible and ordered the continuation of the appeal proceedings on the other grounds.

Lawyers Joseph Giglio and Stephen Tonna Lowell are assisting Galea.