Wednesday, January 31, 2018

Court sentences former notary to two years in prison for making false declaration

The court has sentenced a former notary to two years in prison after he was found guilty of making a false declaration in transfer of property which took place in 2004.

The case relates to the transfer of a property valued at Lm38,000 (€88,000) from  Alan Jones Briffa, on behalf of B. Kam Holdings Ltd, to Joseph Cassar and his wife. Pierre Falzon, 56, of Qawra was the notary for the deed.

The price of sale was later reduced to Lm19,500 (€45,400), after which Briffa was given Lm3,800 (€8,850) as a promise of sale. The Cassars later paid the remaining balance (Lm15,700 (€38,500)) in March 2004.

A deed of constitution of debt was later signed over additional works to the property worth Lm35,000 (€81,500) conducted by Briffa.

Despite of being assured by Falzon that searches with regard to property had been conducted; the property was subject to three hypothecs with HSBC.

It was later discovered that the Lm35,000 had been written as Lm3,506 in the hypothec. Magistrate Donatella Frendo Dimech, who presided over the court, concluded was evidence that the notary had made a false declaration.

The Magistrate went on to say that the offence was in breach of a notary's oath to conduct their duties with "integrity, honesty and sincerity".

Falzon was sentenced to two years in prison and placed under general perpetual interdiction, meaning that he will lose his right to hold "any public office or employment", buy or sell property or sign contracts, and the right to vote because of another clause in the electoral law.



from The Malta Independent http://ift.tt/2ErDEBq
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