02 September 2010
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Inmates win double jeopardy case
Two inmates who were sentenced to a year in remission by the Prison Board after they were found guilty of assaulting another inmate, have been cleared of the same charge by a magistrates’ court since they could not be tried twice for the same crime.

Ali Mustafa Kabes and Mohammed Tensi were found guilty of attempting to seriously injure 31-year-old Algerian inmate Ikhal Haddawi Ismail on 5 July 2004.

The two appeared before the prison board and we sentenced to a year in remission. Some time later, they were charged in court with the same crime.

But their lawyers, Dr Patrick Valentino and Dr Giannella Caruana Curran, maintained that their clients could not be tried twice for the same crime.

Magistrate Saviour Demicoli upheld this theory and cleared the men of the charge brought against them.

Police inspector Malcolm Spiteri prosecuted. Dr Patrick Valentino appeared for Kabes while Dr Giannella Caruana Curran appeared for Tensi.


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