Appeals court clears man of sending threatening email, damaging car

A 43-year-old man from Gozo was cleared of all the charges brought against him after the Court of Appeal found that evidence was lacking or inadmissible.

Charges were filed against Terance Zammit, 43, for allegedly filing a false police report against David Edward Xerri, voluntarily damaging the property - in this case a car- of Xerri, threatening to kill him through an e-mail and causing Xerri to fear that violence would be used against him.

The first court had found Zammit not guilty of the first and fourth charge, that is the false police report and causing a third party to fear the use of violence, but did find him guilty of causing damage and threatening to kill the man. He was ultimately sentenced to five months imprisonment, suspended for one year against a personal guarantee of €2,000 and ordered to pay Xerri €325 for car damages, in the space of one month.

While the Court of Appeal, presided over by Chief Justice Silvio Camilleri, confirmed part of the original judgment and found him not guilty of the first and fourth charge, it also cleared the accused of the second and third charges over a lack of evidence.

The case dates back to June 2016, when Xerri noticed that his car was scratched with a cross on the driver’s side.

Upon filing a police report about the incident, the authorities spoke with the accused who promptly denied it. It transpired that in the First Court, an older woman had testified to say that Zammit scratched the car, and that her granddaughter told her daughter, who then told her. Eventually the daughter also testified to this effect, however the court held that without the testimony of the granddaughter, it was ruled to be inadmissible.

In relation to the charge of threatening to kill Xerri, the court observed that the charge in question relates to an e-mail that was allegedly sent on 21 June 2016. No such e-mail was presented in court, while two other e-mails presented from different dates. It was not sufficiently proven however that the two emails presented were sent by the accused.

In view of the above, Chief Justice Camilleri acquitted the accused of all four charges, and revoked the penalties imposed by the First Court.