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maltatoday | SUNDAY • 7 AUGUST 2022 15 LAW CLASSIFIEDS CIRCUMSTANTIAL evidence is like a chain of evidence that must lead to the guilt of the ac- cused. This was held in a Court of Criminal Appeal judgement delivered on 28 July 2022 in Il-Pulizija -v- Clive Agius. The Court was presided by Mr Jus- tice Giovanni Grixti. Agius was accused of theft from a residence in Msida and of causing voluntary damage to the property. He was also ac- cused of breaching two bail con- ditions and of being recidivist. The Magistrates' Court found Agius as not guilty. The Attor- ney General appealed the judge- ment and asked the Court of Criminal Appeal to revoke the judgement and find the accused guilty. The Court went through the evidence produced. From this evidence, the police were in- formed that persons entered a residence with the intention to steal. When the police arrived they were informed that the thieves ran into an alley. The police entered a construction site and found two persons, one of which was Agius. Close to them there were the stolen items including a watch and a pistol. The Magistrates Court held that there was no evidence tying the accused to the theft. There were not fingerprint, nor DNA. The Attorney General (AG) was of the opinion that the Court did not analyse the evidence well. Agius had testified and said that the co-accused rang him on an issue concerning his son who lived in the same block. When he arrived the co-accused start- ed running and Agius followed. The AG held that the circum- stantial evidence pointed in one direction and that was towards Agius. The Court quoted from case- law such as Il-Pulizija -v- Car- melo Busuttil decided by the Court of Criminal Appeal on 6 May 1961 which said: "cir- cumstantial evidence is often the best evidence". The Court in this judgement held that circumstantial evidence most often than not is the best evi- dence, but this must be exam- ined with some attention. Al- though circumstantial evidence allows some suspicion directed at the accused, suspicion is not evidence. The Court also quot- ed from a British author Pollock CB, who wrote: "It has been said that circum- stantial evidence is to be con- sidered as a chain, and each piece of evidence as a link in the chain, but that is not so, for then, if any on link broke, the chain would fall. It is more like the case of a rope comprised of several cords… Thus it may be in circumstantial evidence – there may be a combination of circumstances, no one of which would raise a reasonable con- viction or more than a mere suspicion; but the whole taken together may create a conclu- sion of guilt with as much cer- tainty as human affairs can re- quire or admit of." The Court held that the Crim- inal Code allows the judge to either believe the witness in everything or else partially. If a witness is not to be believed on one thing does not mean that he is not to believed on another thing. Therefore, it is clear that the Magistrates Court did be- lieve Agius when he denied his involvement with the theft. The Court of Criminal Appeal also expressed a lurking doubt on Agius's participation. It is useless for the prosecution to state that the witnesses did not testify because of fear, but the description given was not sufficient. The Court moved to reject the appeal and confirm that Agius was not guilty. A suspicion is not evidence LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnif- icent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commer- cial purposes. 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TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; dou- ble glazed windows; inverter air condition- ers including solar water heater. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES COLLECTIBLE items such panini albums and loose stickers, old postcards and post- ed envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. SITUATIONS VACANT BARTENDER/CASHIER - Asian Palace Catering Ltd has vacancies for a bartend- er & a cashier on a full-time basis to work from Monday to Sunday with one day off. This will include public holidays with a wage of €1000 gross monthly. Please phone 27811888 Email: info@asianpalace- malta.com CASHIER/GENERAL ATTENDANT: Padthai Kitchen Malta Ltd. are seeking the immediate employment, on a full- time basis of a person with knowledge of Thai cuisine to work as a cashier/gen- eral attendant and to also assist in the general restaurant duties, for example explaining to customers the ingredients of dishes offered. Although no particu- lar qualifications are required, the ide- al candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditional and Thai cuisine. Experience in a similar position would be considered an asset. The candidate must also have a clean criminal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, help- ing as necessary in the restaurant (not cooking). The salary of €800 per month is being offered to the suitable candi- date. Interested candidates are to send their CV by email to padthaikitchen.mal- ta@gmail.com with the words "Cashier/ General Attendant" as subject by not later than Monday 15th August 2022. CHEF - required for busy hotel restau- rant in Naxxar. Must be fluent in English, be able to work flexible hours includ- ing weekends and public holidays. Min 2 years' experience in similar position. Call +35627988357 for more info - The Village Hotel LTD. ERWAN MASSAGE AND BEAUTY (San Gwann) - is seeking a massage and beauty therapist with at least 10 years' experience on a full-time basis. Must speak English and have qualification in Cidesco diploma and qualified in Thai traditional medicine society. Salary €1000 to €1700 month- ly. For more information kindly contact email: mam200259@gmail.com F U L L - T I M E HOU SE - K E E PE R / CLEANER - required for a young fam- ily. Duties include all the usual activi- ties expected within a house-keeper role, assuming responsibility of maintaining the household. Candidate must be honest, hard-working, experienced and willing to work on weekends. Must speak English. Chosen candidate is to have own accom- modation. Minimum wage is offered. Kindly apply by sending CV to house- keeper.advert1@gmail.com JD HOMECARE SERVICES - We have several situations vacant: Cleaners, Housekeepers, Maintenance Personnel, Plasters, Tile Layers, Brick layers, Delivery personnel, Drivers, Electrician and Plumbers. Candidates must have a mini- mum of 3 years' experience and good com- mand of the english language. Interested parties are to send CV to dcdebono7969@ gmail.com or by post to: JD Homecare Services, Bastion Court - Flt 1 Triq il Karmelitani, Fgura. OFFICE ADMINISTRATOR - A++ Consultancy Ltd has vacancy for an office administrator. Applicants must have a minimum of five years' working expe- rience and be fluent in English, French, Italian and Arabic. The job requires trav- elling on behalf of the company. Monthly rate from €900. Interested applicants may send email to secretary@a-plusplus.eu SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8securitymalta.com.mt VACANCY SALES & TOURISM - Michael Hearn through Supreme power- boat is looking to employ an individual to work in the sales tourism sector selling tours around the island. Only candidates that can speak English, Italian & Spanish fluently will be considered. If the applicant knows other languages, fluently, this will be considered to be an asset. Interested applicants are kindly asked to send their CV to michaelmaltasightseeing@hotmail. com. No agents please. CLASSIFIEDS INFO @MEDIATODAY.COM.MT