An Appeals Court yesterday turned a two-month jail term into a Lm200 fine for a man who was accused and convicted of assaulting his estranged wife on 20 October 2005.
Antonio Pane was found guilty of assaulting his estranged wife Assunta in the law courts and was also found guilty of breaching the peace. Mr Pane, a Sicilian living in Malta, was legally separated from his wife Assunta.
The court heard how on the day the incident occurred, the defendant and his wife met in a bid to find an amicable solution to their separation case.
Mr Pane’s partner, Jane Orsini, was present during the meeting in the corridors of the Law Courts with both their lawyers.
Mrs Pane complained about the presence of her estranged husband’s partner saying she had no right to be there.
Ms Orsini told her not to interfere and that the matter was none of her business. The accused then pushed his wife and this led to his arraignment.
The Court of Criminal Appeal found that the two-month jail term handed down by the magistrate took into account both charges – assault and breaching the peace.
However, Mr Justice Giannino Caruana Demajo noted that the second charge had not been proven by the prosecution.
The court said it did not consider a jail term an adequate one in the circumstances and converted the jail term into a fine.
Dr Franco Debono and Dr Charmaine Cherret appeared the accused.