Police vs Schembri — Cyclist Who Entered Private Land and Insulted Owner Convicted of Ragion Fattasi (Taking Law Into Own Hands)

A group of cyclists entered an enclosed private field in Wied Hazrun, Rabat through a gate. When challenged by the owner they argued the land was public. One cyclist called the owner a derogatory name. He was convicted of trespass (ragion fattasi).

Court of Magistrates (Malta) — Criminal · Magistrate Dr. Monica Vella LL.D., M.Jur. · 21 February 2025

On 30 January 2022 at around 1pm, Scott Schembri was cycling in Wied Hazrun, Rabat with others including Yves Muscat and Christina Fylking Nielsen. They entered through a gate into Emmanuel Ciantar's enclosed private agricultural land. Ciantar came out and told them to leave, saying it was private property. Yves Muscat had been told the same a week earlier. An argument followed in which Yves Muscat said to Ciantar 'you were made fun of last week, pity whoever makes fun of you' — which Ciantar took as a threat. Scott Schembri called Ciantar 'fucking buffu' (a homophobic slur). The cyclists left when Ciantar called police. The court found that even though a gate was involved, a gate by definition demarcates private property. The fact it was open or unlocked does not make the land public. Moreover, the cyclists had been explicitly told the week before that it was private. By re-entering against the owner's expressed wishes, they were taking the law into their own hands (ragion fattasi under Art. 85). The offensive language (buffu, pufta) directed at Ciantar was found to be simple insult under Art. 339(e) — but the court acquitted on that charge as the appellant had effectively 'repaid in kind' with the equivalent insult.

Guilty of ragion fattasi (Art. 85 Ch. 9 — taking law into own hands by disturbing the owner's peaceful possession). Sentenced to 3 months imprisonment suspended for 1 year. Ordered to pay €1,000 security in favour of Emmanuel Ciantar for 12 months.

• An open gate does not mean land is public — a gate physically demarcates private property and entering through one into an enclosed agricultural field constitutes trespass
• If you have been told a property is private and to leave, re-entering later constitutes deliberate trespass — ignorance is no longer available as a defence
• Ragion fattasi (Art. 85) applies when someone takes the law into their own hands — including by persistently entering land against the owner's will, not just by doing so violently
• Insults that are responded to in kind can cancel each other out for criminal liability purposes

Criminal Code Ch. 9 Art. 85 (ragion fattasi — taking law into own hands), Art. 339(1)(e) (insults — acquitted on reciprocity grounds)