Appeals Court adjusts sentence for accomplice in 2018 Żabbar confectionery hold-up case

The Court of Criminal Appeal has delivered its final judgment in the case of an attempted armed robbery at the Crystal Palace confectionery in Żabbar, confirming the involvement of two accomplices while reducing one sentence on procedural grounds.

In a judgment delivered on Friday, Judge Edwina Grima upheld the convictions of Luke Vella and Marlon Baldacchino in connection with the 2018 hold-up, but reduced Vella’s prison term after ruling that a related traffic charge was time-barred.

The case stems from an incident on 13 November 2018 at around 8:10pm, when Marcus John Calleja entered the confectionery wearing dark clothing and a mask and demanded money from the owner while armed with a firearm.

A struggle ensued immediately after the owner struck Calleja’s hand, forcing the weapon upward. Two shots were discharged during the altercation, one hitting the ceiling and another later found lodged in a wooden shelf.

The owner, assisted by two other men, subdued Calleja and restrained him until police arrived.

Calleja was subsequently sentenced to 36 months’ imprisonment.

Investigations later identified Vella and Baldacchino as accomplices through CCTV footage and mobile phone data.

Calleja testified that Vella had planned the robbery, selected the timing based on expected cash takings, supplied the firearm and disguise, and drove him to the scene.

He stated he had agreed to participate due to a €9,000 drug debt.

Vella denied involvement, maintaining that he had merely given Calleja a lift and was in the area for unrelated reasons.

The court, however, found that mobile phone localisation data placed him in the vicinity throughout the duration of the attempted robbery and showed he was in continuous contact with Baldacchino.

Baldacchino was identified as a lookout.

CCTV footage showed a hooded individual monitoring movements outside the shop, later identified by investigators based on physical characteristics and distinctive tattoos.

Phone records confirmed ongoing communication between him and Vella during the incident.

In his appeal, Vella challenged, among other points, a conviction related to drug possession, arguing that the forensic laboratory involved was not properly accredited.

The court rejected this argument, noting that the applicable EU accreditation requirements cited by the defence did not extend to the type of chemical analysis in question.

The court also noted that Vella had admitted the substances were for personal use.

However, the court upheld Vella’s argument that a charge of driving without third-party insurance had been filed outside the legally prescribed time limit.

As a result, that charge was set aside.

Vella’s total effective prison sentence was consequently reduced from 32 months to 28 months, and his period of disqualification from driving was lowered to one month.

Baldacchino’s appeal was rejected in full, with the court confirming his 18-month prison sentence.

The court also upheld orders for both men to contribute to court-appointed expert expenses.

 

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