A woman who was conditionally discharged for a week after she was found guilty of topless bathing in Gnejna in August last year, has filed an appeal due to what her lawyer referred to as “vague” guidelines for such cases.

In her appeal, the woman claimed that the court’s decision breached Article 7 of the European Convention on Human Rights. This states that: “No one shall be guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under the national or international law at the time when it was committed”.

While defence lawyer Dr Joseph Brincat argued for a constitutional reference to be made, the Court of Criminal Appeal referred the case to the First Hall of the Civil Court after it ruled that article 338(q) of the Criminal Code, referring to whoever “exposes himself naked or is indecently dressed” does not constitute clear enough guidelines for topless bathing.