A man who was jailed for 12 years last December after he was found guilty of killing a man when he hit him in the neck with a broken bottle while under the influence of sudden passion had his appeal turned down by a Court of Criminal Appeal.

Anthony Schembri, 43, from Hamrun, was jailed after jurors found him guilty of causing the death of Stephen Sam Portelli but added that his crime was excusable because he was under the influence of sudden passion and mental agitation. Despite several attempts to save his life by surgical intervention, 27-year-old Mr Portelli died on 9 November 2001 as a result of the injuries he sustained during an incident in Paceville on the night of 27 to 28 October that year.

The jurors also found Schembri guilty, by eight votes to one, of seriously injuring Carm James Grech but even in this case, the jurors upheld the defence’s plea that the crime was committed as a result of his mental agitation.

Schembri appealed against the judgement, claiming that the punishment handed down by the court was excessive and that he had not gone to Paceville to fight or with the specific intention of killing anyone.

In its judgement, the Court of Criminal Appeal, presided over by Chief Justice Vincent De Gaetano, Mr Justice David Scicluna and Mr Justice Joseph R Micallef, said that Schembri’s attack on the two Gozitan youths was “gratuitous” and therefore the 12-year jail term was confirmed.