A Court of Criminal Appeal yesterday confirmed the judgement handed down by the Criminal Court which jailed two brothers for 10 years after they were found guilty of violently raping two underage boys when their mother entrusted them in their care.

Following a four-day trial by the bench in October, presided over by Mr Justice Joseph Galea Debono, Dennis Pandolfino, 58, from Sliema and his 63-year-old brother Anthony, from Pembroke were found guilty of raping, defiling and sexually abusing the two brothers who at the time were 10 and 11 years old. The Pandolfino brothers were also found guilty of being in possession of pornographic material but were cleared of holding the boys against their will.

The two brothers appealed the judgement. Dennis Pandolfino claimed that the court could have never found him guilty of the charges brought against him because there was not enough evidence presented in court with which he could be found guilty beyond reasonable doubt. He also complained that the punishment was too hefty.

On his part, Anthony Pandolfino’s complaint was purely legal. He claimed that the police did not have a criminal complaint filed by the victims and thus could not proceed with legal action against him.

In its judgement, the Court of Criminal Appeal, which was presided over by Chief Justice Vincent De Gaetano, Mr Justice David Scicluna and Mr Justice Joseph R. Micallef, said that a request for a criminal complaint, according to law, had to be made before.

They said that once this request was not made, then the continuation of the case without the criminal complaint was within the parameters of the law. They therefore rejected this complaint.

The Court of Criminal Appeal also rejected the complaint that the evidence produced in court did not prove, beyond reasonable doubt, the charge of rape.

On the question of punishment, the Court of Criminal Appeal said that it did not see why it should reduce the jail term.

“As the Criminal Court rightly observed, we have two people who had taken advantage of the boys’ family problems, took them into their care and, instead of bringing them up properly, abused them sexually in the most atrocious manner,” it said.

The Court of Criminal Appeal therefore turned down all the complaints raised by the Pandolfino brothers and confirmed the judgement in its entirety.

Dr Ian Farrugia appeared for Dennis Pandolfino while Dr Joe Giglio appeared for Anthony Pandolfino.