Man jailed 6 months over gun possession

● Cleared of dealing in fake money

A 35-year-old man was yesterday sentenced to six months’ imprisonment for being in possession of a gun without a proper licence or permission from the authorities. Christopher Schembri was however acquitted of dealing in forged bank notes and defrauding some 20 businesses and individuals.

The case deals with the distribution and use of forged bank notes in 2012, when Schembri and a partner of his had been caught by the police. The pair were tried separately, with Schembri being formally charged with complicity to dealing in forged bank notes, defrauding businesses and individuals, being in possession of a gun and relapsing.

Witnesses recognised Schembri as being the man in the car with his partner who would use the false bank notes.

The prosecution argued that Schembri was complicit with his partner, was aware of everything and would drive his partner wherever he needed to go.

Mifsud ruled that there is not enough evidence to tie the accused, Schembri, as being complicit in the charge of dealing in false bank notes. The court acknowledged that Schembri would drive him around to the places where the crimes were committed, however, it also noted that the accused works in transport. Mifsud heard how Schembri and his partner would abuse of drugs together, and that his partner had “influenced” him, however he ruled that this was not enough to find that Schembri was complicit in dealing of forged bank notes.

Mifsud argued that the element of reasonable doubt still existed.

Schembri was found guilty of being in possession of a firearm without a license, primarily because he took ownership of it when confronted by the police. The courts, in its considerations, could not perceive the act of carrying a gun illicitly as a light infringement due to the potential consequences.

Mifsud remarked that because of the accused’s drug addiction, it was not wise to hand out a community service punishment, a decision backed up by the Probation and Parole Services Department.

The magistrate said he understood how not everybody was fortunate in life, but at the accused’s age of 35, serious steps must be taken to control the accused’s drug dependency. Mifsud acquitted the accused of dealing in forged bank notes and defrauding the 20 business and individuals. Schembri was however found guilty of being in possession of a gun and was sentenced to six months imprisonment and a treatment order was requested for a period of three years to help with the man’s drug dependency and psychological issues.