The court said there were enough reasons for the provisional discharge of the man, imposing certain restrictions such as his not being able to leave the country, not to approach his daughter and keeping himself at the disposal of the Commissioner of Police. He has always been ordered to be in court each time his presence is required.

The man was released from prison accompanied by his lawyer Dr Tonio Azzopardi at about 12.50pm.

On Saturday, the Court of Criminal Appeal presided by Mr Justice Antonio Mizzi ruled that it cannot over-rule a judgment given by the same court and re-open a case that has been closed.

It could therefore not grant conditional discharge to a man who was sentenced to prison for defiling his daughter but who is now requesting acquittal after his former wife has been charged with perjury.

The man has been in prison for more than a year after being found guilty of abusing his daughter, but his former wife has now been charged with perjury in connection with the man’s case. She is accused of forcing her daughter to lie about her father.

Earlier, Mr Justice Lawrence Quintano abstained from hearing the case after he declared that he had been the judge that confirmed the two-year jail term given by the Magistrates’ Court.

This led the man’s lawyer, Dr Tonio Azzopardi, to request the case to be heard with urgency by another judge.

The case was heard behind closed doors on a request by the Attorney General.

Journalists have gathered outside the prison awaiting for the man's release.