Malta / Court of Magistrates as a Court of Criminal Judicature, Police v. Eric Cuschieri, Court of Magistrates as a Court of Criminal Judicature, Police v. Chris Pisani

Country

Malta

Title

Malta / Court of Magistrates as a Court of Criminal Judicature, Police v. Eric Cuschieri, Court of Magistrates as a Court of Criminal Judicature, Police v. Chris Pisani

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Year

2016

Decision/ruling/judgment date

Tuesday, November 29, 2016

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity

Groups affected

Migrants

Court/Body type

National Court

Court/Body

Court of Magistrates as a Court of Criminal Judicature

Key facts of the case

In February 2015, a photo of an African man lying in a hospital bed at Mater Dei hospital was posted on the Facebook page entitled 'Daqshekk ghall-Immigrazzjoni Llegali f'Malta' ('No More Illegal Immigration to Malta').
Two men, Eric Cuschieri and Christopher Pisani, left disparaging comments on the post. Eric Cuschieri wrote the words 'burn him' while Pisani suggested that he would replace the man's saline drip with hydrochloric acid.
The men were brought before the Court after screenshots of their comments were handed over to the Police Cybercrime Unit. Both accused men pleaded guilty and were fined 3,000 EUR each.

Main reasoning/argumentation

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

None, for the reasons explained earlier.

Results (sanctions, outcome) and key consequences or implications of the case

The men were arraigned in Court after a screenshot of the comments was handed over to the Police Cybercrime Unit. Both of the accused pleaded guilty and were fined 3,000 EUR.

Key quotation in original language and its unofficial translation into English with reference details

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