A procedural mistake during a compilation of evidence against a woman charged with theft has led a Court of Criminal Appeal to declare a judgement null and void.

In April, Alberta Amato from Gzira was fined Lm1,500 and had an 18-month suspended jail term converted to an effective jail term after she was found guilty of stealing a motorbike and driving it without permission, a licence or insurance cover.

The Court of Criminal Appeal noted that Ms Amato did not give her permission for the case to be heard by the Magistrates’ Court as a Court of Criminal Judicature and as a result, the judgement handed down by the first court was not valid and therefore had to be annulled.

The court therefore annulled the judgement and sent the case file back to the Magistrates’ Court for it to be heard from scratch.

Police Inspector Mario Tonna prosecuted while Dr Roberto Montalto appeared for the accused.