Qorti tal-Appell Kriminali: Il-Pulizija Vs Alan Gauci [Mellieħa incident: Australian run over for calling someone gay]

Appell Nru. 472/2012

Aqra is-sentenza kollha hawn [PDF].

MALTA 

QORTI TA' L-APPELL KRIMINALI
ONOR. IMHALLEF
MICHAEL MALLIA

Seduta ta' l-4 ta' Lulju, 2013
Appell Kriminali Numru. 472/2012

Il-Pulizija
Vs
Alan Gauci

Illum 4 ta’ Lulju, 2013

Il-Qorti,

Rat l-akkuza dedotta kontra l-appellat [detentur tal-karta tal-identita` numru 340476 (M)] quddiem il-Qorti tal-Magistrati (Malta) bhala Qorti ta’ Gudikatura Kriminali talli fil-21 ta’ Marzu, 2004 ghall-habta ta’ l-4.00 a.m. fil-Mellieha bil-hsieb li joqtol jew li jqieghed il-hajja ta’ Jeremy Lalic f’periklu car, wera dan il-hsieb b’atti esterni u ta bidu ghall-ezekuzzjoni ta’ dan id-delitt, billi saq vettura ta’ l-ghamla Sunbeam Imp bin-numru tar-registrazzjoni ZWE 113 fid-direzzjoni tieghu, liema delitt ma giex esegwit minhabba xi haga accidentali u ndipendenti mill-volonta` tieghu.

U aktar talli fl-istess data, hin, lok u cirkostanzi, volontarjament ikkaguna feriti ta’ natura gravi fuq il-persuna
ta’ Jeremy Lalic, skond kif iccertifikat Dr. Maryanne Caruana MD ta’ l-Isptar San Luqa.

Aqra is-Sentenza kollha hawn [PDF]. 

Ara s-Sentenza moghtija mill-Magistrat Carol Peralta hawn. [PDF].

Times: Man in 'Mellieha mentality' controversy lands in jail

http://www.timesofmalta.com/articles/view/20130704/local/man-in-mellieha-mentality-controversy-lands-in-jail.476599
Thursday, July 4, 2013, 12:48

A Mellieha man was sent to jail by an appeals court today after he was last year controversially conditionally discharged when he ran over an Australian for making gestures implying he was gay. At the time, the Magistrates' Court had said that he had taken into account the “mentality” of Mellieħa residents who considered such a jibe to be “unacceptable”.



Alan Gauci, 37, had been convicted of causing serious and permanent injury to Jeremy Lalic on March 21, 2004.

TVM: Civil courts to be supreme on marriage laws

http://tvm.com.mt/news/2013/04/first-steps-to-make-civil-marriage-supreme/
10.4.2013

The 1992 Church-State agreement is to be revised. Following Prime Minister Joseph Muscat’s statement that government was to move in this direction, when he paid a visit to the Arch Bishop Paul Cremona, the Foreign Office has issued a statement that the ball has been set rolling through a note verbale.

The government said that Malta’s Civil Courts should be supreme with regard to marriage laws. It was committed, however, to reach an agreement which would be satisfactory to both parties.

This was the reason why it was decided for the Foreign Ministry to write formally to the Holy See for negotiations to be initiated.

In 1992, the Holy See had secured an agreement with the Fenech Adami government that, Church annulment proceedings should supersede and halt civil annulment proceedings.

Malta Today: Magistrate accuses media of ‘spin’ over Mellieħa ‘gay’ jibe judgement, then retracts

[This article is not available on-line so far.]
14.10.2012  by Karl Stagno-Navarra

Magistrate Carol Peralta had no option but to retract his claim that the media created a “spin” and “misinterpreted” the judgement he handed down last week, when he conditionally discharged a man who was found guilty of causing permanent disability to a tourist when he deliberately ran him over in Mellieħa , concluding that the accused’s actions were provoked by the victim’s taunting.

An irate Magistrate Peralta – who recently returned to the bench after a seven year stint as a UN judge in the Balkans – sent for Malta Today and The Times court reporters on Wednesday and accused them of creating a “spin” over his judgement.

Malta Today: ‘Court has no business pandering to culture of violence’ – Bonello

“I cannot accept that culpability can be graded according to locality – provocation that should be taken lightly in Sliema, would then justify attempted murder in Mellieha”
http://maltatoday.com.mt/en/newsdetails/news/national/Court-has-no-business-pandering-to-culture-of-violence-Bonello-20121015
Tuesday 16 October 2012 - 09:11 by Miriam Dalli


Giovanni Bonello - I can never accept that persons escape responsibility for their actions, ‘because others make them behave like that’

Malta's former judge at the European Court of Human Rights issued a scathing judgement of his own at a ruling by Magistrate Carol Peralta that a man who ran over a tourist who implied he was gay, was justified in his action.

"The Court has no business fanning and pandering to a culture of violence," Judge Giovanni Bonello (pictured) said of the conditional discharge for a Mellieha resident whom Peralta felt was justifiably defending his honour when he ran over a drunken Australian tourist who had irked him at bar, a few hours before the incident.

Courts: Police Vs Gauci Alan [Mellieħa incident: Australian run over for calling someone gay]

Court Of Magistrates (Criminal Judicature)

Parties: Police Vs Gauci Alan, Date: 03/10/2012, Reference: 256/2004 

[Kopja Informali tas-Sentenza] [Verżjoni PDF]
Aqra l-Appell hawn [PDF].  

MALTA 

QORTI TAL-MAĠISTRATI (MALTA) BĦALA QORTI TA' ĠUDIKATURA KRIMINALI

MAĠISTRAT DR. CAROL PERALTA 

Seduta tat-3 ta' Ottubru, 2012 

Numru. 256/2004

Il-Qorti:

Rat l-akkuza migjuba kontra l-imsemmi Alan Gauci detentur tal-Karta tal-Identita` numru 340476M.

Akkużat talli: 

Fil-21 ta` Marzu 2004 ghal habta tal-erbgha ta` filghodu fil- Mellieha bil-hsieb li joqtol jew li jqieghed il-hajja ta` Jeremy Lalic f’periklu car, wera dan il-hsieb b’atti esterni u ta bidu ghall-esekuzzjoni ta` dan id-delitt, billi saq vettura tal-ghamla Sunbeam Imp bin-numru ZWE 113 fid- direzzjoni tieghu, liema delitt ma giex esegwit minhabba xi haga accidentali u indipendenti mill-volonta` tieghu;

Gay Star News: Motorist freed despite running over man who called him gay

Malta Magistrates Court sets local man free after leaving an Australian tourist permanently disabled
http://www.gaystarnews.com/article/motorist-freed-despite-running-over-man-who-called-him-gay101012
10 OCTOBER 2012 | BY JOE MORGAN


A Maltese man is walking free after running over an Australian tourist in his car who ‘provoked’ him by implying he was gay.

Alan Gauci, of Mellieha, was let off the hook by Magistrate Carol Peralta yesterday (9 October), after he admitted to causing permanent disability to Jeremy Lalic in 2004.

Times: Gay jibe sentence may be appealed

http://www.timesofmalta.com/articles/view/20121011/local/Gay-jibe-sentence-may-be-appealed.440521
Thursday, October 11, 2012 by Kurt Sansone

The Attorney General is considering appealing against a magistrate’s decision to hand a man a conditional discharge after he ran over an Australian for making a gay jibe.

Attorney General Peter Grech said his office would be “looking into the case” but refrained from commenting on the decision.

The sentence, seen by some as lenient, was handed down by Magistrate Carol Peralta on Friday and published on Monday.

Malta Today: ‘Mellieha honour’ ruling sent message that homophobia can be condoned – MGRM

‘Disconcerting that the court thinks harassing someone verbally on one single occasion justifies such a violent and extreme reaction which resulted in a permanent disability’ - gay rights movement.

http://www.maltatoday.com.mt/en/newsdetails/news/national/Mellieha-honour-ruling-sent-message-that-homophobia-can-be-condoned-MGRM-20121010
Wednesday 10 October 2012 - 12:36 by Karl Stagno-Navarra

Malta Gay Rights Movement coordinator Gabi Calleja. Photo: Ray Attard/Mediatoday.

A court decision yesterday to conditionally discharge a man on attempted murder charges, because he had been 'provoked' by homophobic taunts on the part of the victim, sent the message that homophobia can be condoned in certain circumstances, according to the Malta Gay Rights Movement's coordinator Gabi Calleja.

Alan Gauci, 36 of Mellieha, was let off the hook yesterday by Magistrate Carol Peralta after admitting to causing permanent disability to an Australian tourist in 2004. In the incident, Gauci deliberately ran his victim over in a car at 4am, after being called "gay" by the tourist.

Malta Star: Let off as victim called him gay

http://www.maltastar.com/dart/20121010-let-off-as-victim-called-him-gay
Wednesday, 10 Oct 2012, 07:04

A 36 year old man from Mellieha was let off lightly by the court when he was charged in knocking down an Australian and causing him permanent disability after he implied he was gay. The court accepted the prosecution’s viewpoint that the incident happened because the Mellieha man felt provoked. The court also accepted that the Mellieha man felt insulted because of the village homophobic mentality.

Malta Right Now: Malti ħati li tajjar Awstraljan fil-Mellieħa għax għajru omosesswali

http://www.maltarightnow.com/?module=news&at=Malti+%26%23295%3Bati+li+tajjar+Awstraljan+fil-Mellie%26%23295%3Ba+g%26%23295%3Bax+g%26%23295%3Bajru+omosesswali&t=a&aid=99841211&cid=39
9 t' Ottubru, 2012 13:55 CET minn Ray ABDILLA

Raġel ta' 36 sena mill-Mellieħa kien illiberat bil-kundizzjoni li ma jagħmilx reat ieħor fi żmien tliet snin mill-Maġistrat Carol Peralta wara li nstab ħati li kkaġuna feriti gravi fuq Awstraljan wara li tajjru bil-karozza. L-inċident seħħ wara li nqala' argument f'ħanut tax-xorb fil-Mellieħa meta Awstraljan qagħad jiddieħaq bil-Malti u dan rah fit-triq u tajjru bil-karozza.

Fid-deċiżjoni tagħha dwar dan il-każ l-Qorti ħadet inkonsiderazzjoni l-lokalità u l-mentalità tas-soċjetà tal-lokalità tal-Mellieħa. Il-każ kien seħħ fil-21 ta' Marzu tal-2004 fl-4.30 ta' filgħodu. Mill-provi rriżulta li Alan Gauci saq il-karozza tiegħu għal fuq il-vittma Jeremy Lalic għal ta' l-apposta, u dan wara li kien inqala argument bejniethom fiz-Zep's Bar fil-Mellieħa ftit qabel.

Independent: Man let off with a slap on the wrist after trying to run down drunk Australian for gay jibes

http://www.independent.com.mt/news.asp?newsitemid=151825
Article published on 10 October 2012

Magistrate Carol Peralta yesterday conditionally acquitted Alan Gauci, 36, of Mellieħa after finding him guilty of seriously injuring an Australian by driving at him and hitting him with his car.

The offence was committed on 21 March, 2004 at 4.30am after the two had argued at Zep’s Bar in Mellieħa, shortly before.

The thinking of society in Mellieħa played a part in the court’s deliberations. The Australian, Jeremy Lalic, had been noisy in the bar and was offending Mr Gauci, gesticulating even behind his back, and giving the impression that Mr Gauci was homosexual and propositioning him. Mr Lalic had offended most of those in the bar, but especially Mr Gauci, the court heard.

iNews Malta: Il-qorti tikkunsidra l-mentalità tal-post fis-sentenza tagħha

http://www.inewsmalta.com/dart/20121009-il-qorti-tikkunsidra-mentalit-tal-post-fis-sentenza-tag-ha
12:23 | 09.10.2012

Raġel ta’ 36 sena kien illiberat bil-kundizzjoni li ma jikkommettix reat ieħor fi żmien tliet snin, wara li nstab ħati li kkaġuna feriti gravi fuq Awstraljan wara li laqtu b’daqqa ta’ karozza.

Fid-deċiżjoni tagħha dwar dan il-każ l-Qorti ppreseduta mill-Maġistrat Carol Peralta ħadet inkonsiderazzjoni l-lokalità u l-mentalità tas-soċjetà ta’ dik il-lokalità. Il-każ kien seħħ fil-21 ta’ Marzu tal-2004 fil-Mellieħa fl-4.30 ta' filgħodu.

Malta Today: Mellieħa man who ran over obnoxious Aussie tourist ‘was defending his honour’

A Mellieha man was surprisingly discharged after causing a tourist permanent disability, when the court ruled his actions were provoked by the victim's taunting.

http://www.maltatoday.com.mt/en/newsdetails/news/courtandpolice/Mellieha-man-who-ran-over--Aussie-tourist-defending-his-honour-20121009

Court & Police Tuesday 9 October 2012 - 11:59 by Karl Stagno-Navarra

The insinuation by a drunken tourist that the accused was gay, led the court to believe the accused – from Mellieha – was defending his honour when the accusation was made in the presence of other villagers.

Alan Gauci, 36 of Mellieha, was given a conditional discharged by Magistrate Carol Peralta after admitting to causing permanent disability on an Australian tourist in 2004, when he deliberately ran him over in a car at 4am, on the basis that the accused - a Mellieha resident - had defended his honour after he was called "gay" by the tourist.

Times: Court says gay jibe not acceptable in localities like Mellieħa

Accused conditionally discharged despite seriously injuring man http://www.timesofmalta.com/articles/view/20121009/local/australian-seriously-injured-after-gay-jibe-accused-conditionally-discharged.440305
Tuesday, October 9, 2012, 11:51
[See parallel article here.]

Magistrate Carol Peralta. Photo: Kenan Pasic

A Mellieha man who seriously injured an Australian who implied he was gay, got off with a conditional discharge today after the court considered he had been provoked, and that the perceived insult might not have been acceptable in a locality like Mellieha.

The incident happened in the early hours of March 21, 2004.

The court heard that Alan Gauci, 36, had been in a bar when with Australian Jeremy Lalic insinuated that he (Gauci) was gay.

L-Orizzont: Aħbarijiet: Ma kienx ipprovat bħala reat ta’ mibegħda

Żewġ żgħażagħ immultati €500 talli ħebbew għal żewġ tfajliet fil-Ħamrun

http://www.orizzont.com.mt/FullArticle.php?ID1='Ahbarijiet'&ID2=91604
12.6.12

Żewġ żgħażagħ li f’Jannar li għadda kienu ħebbew għal żewġ tfajliet fil-Ħamrun, kie nu mmultati €500 kull wie ħed. Madankollu l-Qorti sos tniet li ma kien hemm l-ebda evidenza li dan kien reat ta’ mibegħda. Il-Qorti qalet ukoll li lanqas ma kien hemm prova li t-tfajliet kienu koppja leżbjana.

Min-naħa tagħhom, iż-żewġ tfajliet li għandhom 17-il sena u 16-il sena rispettivament ġew illiberati minn akku ża li offen dew liż-żgħa żagħ subien u anke li kkaġunaw feriti fuq wie ħed minn hom.

Minn barra ż-żewġ tfajliet u ż-żewġ ġuvintur, f’dan il-każ kien hemm involuta Mary Aquilina ta’ 35 sena, li ġiet im multata s-somma ta’ €50 wara li nstabet ħatja ta’ theddid bil-kliem fuq waħda mit-tfajliet.

Independent: Court: Court amazed at fight being classed a hate crime

http://www.independent.com.mt/news.asp?newsitemid=145807
12 June 2012

Two young men were each fined €500 for assaulting two young women as a way of showing off, with Magistrate Joseph Apap Bologna expressing amazement that the case had been reported in the media as some hate crime because of the girls’ sexual orientation.

No evidence had been produced to show that the girls were in fact lesbian, and the young men’s behaviour towards them was their way of showing off, the magistrate said.

Times: ‘No proof’ that girls assaulted for being lesbian - One of girls had broken nose

http://www.timesofmalta.com/articles/view/20120612/local/-No-proof-that-girls-assaulted-for-being-lesbian.423910
Tuesday, June 12, 2012 by Matthew Xuereb


Two brothers were fined €500 each for attacking and slightly injuring two teenage lesbians, although the court decided the assault had nothing to do with their sexual orientation.

The incident was the result of bullish behaviour of the two underage and idiotic boys

A 35-year-old woman,who also participated in the assault, albeit limitedly, was fined €50 after being found guilty of threatening one of the girls and breaching the peace.

The brothers, aged 15 and 17, were found guilty of all the charges but in a separate judgment, the girls were cleared of slightly injuring the older brother, assaulting the boys and the woman, and breaching the peace.

Malta Star: Fined €500 after assaulting lesbians in Hamrun

http://www.maltastar.com/dart/20120611-fined-500-after-assaulting-lesbians-in-hamrun
Tuesday, 12 Jun 2012, 05:57

Two young men who assaulted a lesbian couple in Hamrun were fined €500 each but the court said there was no evidence that this was a hate crime or that the couple was lesbian.

The two young women were not found guilty of offending the men or that they injured one of them. 35 year old Mary Aquilina was fined €50 after she was found guilty of threatening one of the young women.

Times: Boys fined €500 for assault - no evidence this was hate crime

http://www.timesofmalta.com/articles/view/20120611/local/boys-fined-500-for-assault-no-evidence-this-was-hate-crime.423805
Monday, June 11, 2012, 13:38

One of the girls who was head-butted in the assault.

Two teenage boys who assaulted two girls in a Hamrun public garden in January were each fined €500 today, but a court said that no evidence had been presented to show that this was a case of hate crime. Nor had it been proven that the girls were a lesbian couple.

A 35-year-old woman who was involved in the same case with the boys was fined €50.

The two girls, aged 15 and 16, had alleged they were attacked by the two brothers, aged 15 and 17, who started calling them names when they saw them kissing.

The boys were arraigned along with the 35-year-old woman. The girls too were taken to court, accused of slightly injuring the boys. They were found not guilty.

It had been the two girls themselves who had told the press that they were assaulted because of their sexual orientation.

The case caused a strong public reaction, with a public protest against hate crime having been held in Hamrun . There was also condemnation by politicians and the Church.

[Click on the hyperlink above to view the comments on the Times website.]