The Court of Criminal Appeal sent a rape case back to the Magistrates’ Court for new judgement to be passed after it found that the Magistrates’ Court failed to pass a sentence on one of the charges brought against Anthony Cutajar.

Mr Cutajar was accused of holding a woman against her will, as well as raping, seriously injuring, insulting and threatening the woman.

He was also charged with assaulting her and misusing telecommunications equipment. Mr Cutajar was also accused of slightly injuring a man, threatening, assaulting and insulting him as well as causing less than Lm50 damages to the property of the same man.

The accused was also charged with relapsing.

The Magistrates’ Court had found the man not guilty of relapsing and of misusing telecommunications equipment.

However, the Appeal’s Court noted that the Magistrate’s Court did not pass a ruling on the charge of seriously injuring the woman. Mr Cutajar was found guilty of the other charges and, as a result, was sentenced to an 18-month jail term.

The court, presided over by Mr Justice David Scicluna, said the Magistrates’ Court failed to take into account one of the charges and ordered a new judgment to be passed in the Magistrates Court. Dr Franco Debono and Dr Charmaine Cherrett appeared for Mr Cutajar.