The Malta Independent 24 August 2026, Monday
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Court: Trial By jury: 21 months in jail for illegal possession of a firearm

Malta Independent Tuesday, 27 February 2007, 00:00 Last update: about 13 years ago

A man who was last week cleared of attempting to murder another man during a shoot-out in Mosta in 2003, but who was found guilty of illegal possession of a firearm, was yesterday jailed for 21 months.

John Pace, 42, from Birkirkara, was jailed for being in possession of and carrying a firearm without a police licence.

Pace’s case came to an end when he was sentenced by Chief Justice Vincent Degaetano, who commented that the unlicensed possession of a firearm is a serious crime that deserves a jail term with immediate effect.

On Friday, Pace was found not guilty, by six votes to three, of the attempted murder of Frangisk (Cikku) Fenech in a shoot-out that took place between the two men in one of the landowner’s fields in Mosta on 18 May 2003.

However, the jurors unanimously found Pace guilty of being in possession of a firearm without a licence.

Chief Justice Degaetano pointed out that when Pace deliberately sought out Mr Fenech, there was no need to carry a firearm for self-defence.

He added that Pace himself was warned by Senior Inspector Paul Bond to stay away from Mr Fenech and had himself warned another man not to go to the field.

However, Chief Justice Degaetano pointed out that Pace still chose to go, armed, to Mr Fenech’s residence.

Furthermore, he said, it cannot be said that Pace went to simply frighten Mr Fenech as he took ammunition with him – a clear indication that he was ready to shoot, which in fact he did.

In his judgement, Chief Justice Degaetano said that Pace’s actions also endangered lives of other innocent people that could have been passing by the field and said that civil society could not allow these “wild west” situations to take place.

The court heard how the incident took place after the two men argued over a field belonging to Mr Fenech, and rented out to a lawyer, Dr Patrick Spiteri. The lawyer had given permission to Pace to tend to the field in exchange for services at Dr Spiteri’s office, but the landowner had wanted Pace to leave his land after the lawyer stopped paying rent in September 2002.

In handing down his judgment, Mr Chief Justice Degaetano noted Pace’s criminal record and the circumstances of the case in question and jailed him for 21 months.

Assistant Attorney General Anthony Barbara and Dr Aaron Bugeja prosecuted while Dr Joseph Giglio and Dr Roberto Montalto appeared for the accused.

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