Defendant pleaded guilty to aiding false certification, making a false declaration to a public authority, and perjury before a sworn official.
Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr. Claire-Louise Stafrace · 4 March 2011
Allan Schiavone was charged before the Court of Magistrates (Malta) in relation to events occurring around October 2007. The charges against him included knowingly ordering, inducing, or assisting another person to commit an offence involving the giving of a false declaration or false certificate — an act of complicity in fraud. Additionally, Schiavone was accused of personally making a false declaration or statement, or providing false information, in a document intended for a public authority on 4 October 2007, with the intent to obtain a benefit or advantage for himself or another. He was also charged with perjury — taking a false oath before an official legally empowered to administer oaths. The court noted that Schiavone entered an early admission of guilt to all charges brought against him, and confirmed that admission after being given adequate time to reflect. The court also acknowledged that he cooperated fully with the prosecution and had a near-clean criminal record. These mitigating factors were given significant weight in determining the sentence. In light of the guilty plea and cooperation, the Magistrate found Schiavone guilty on all counts and sentenced him to 18 months imprisonment. Applying Article 28A of the Criminal Code (Chapter 9), the custodial sentence was suspended for two years. The court also imposed general interdiction under Article 109 of Chapter 9, prohibiting him from serving as a witness (except before courts of justice) or as an expert in any case whatsoever, for a period of five years from the date of judgment. The court explained the consequences of non-compliance in plain language and ordered that the interdiction be published in the Government Gazette in accordance with Article 10(7) of the Criminal Code.
Allan Schiavone found guilty on all three charges. Sentenced to 18 months imprisonment, suspended for 2 years under Article 28A, Cap. 9. General interdiction imposed for 5 years, including prohibition from serving as a witness (except before courts of justice) or as an expert in any case. Interdiction to be published in the Government Gazette per Article 10(7) of the Criminal Code.
Criminal Code Cap. 9 — Articles 17(h), 42(d), 185(1), 121A(1), absorbed into Articles 188, 108(1)(a), 109; Article 28A (suspended sentence); Article 10(7) (publication of interdiction)