A Court of Appeal yesterday revoked a Lm25 fine imposed on a man found guilty of verbally threatening a university professor after it ruled that the charge had become time-barred.
Prof. Lino Briguglio and Damian Iwueke ended up in court on 17 October after both men filed criminal complaints against each other. The Court of Magistrates cleared Prof. Briguglio of inciting racial hatred while Mr Iwueke was fined Lm25 for verbally threatening the professor.
Mr Iwueke appealed the decision, claiming that the first court had wrongly dismissed his plea of prescription of the charge, which becomes time-barred after three months.
Handing down his judgement, Mr Justice Joseph Galea Debono said that the charge was filed by the police on 20 February 2006, after Professor Briguglio lodged a formal written complaint on 7 February when the offence in question was alleged to have taken place on 20 May 2005, “a good nine months before”.
The court said that the charge was “obviously barred by lapse of prescription”. He therefore cleared Mr Iwueke of the charge brought against him and revoked the Lm25 fine.
Inspector Pierre Micallef Grimaud prosecuted. Dr Leslie Cuschieri and Dr Daniela Mangion appeared for Mr Iwueke.