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7 maltatoday | WEDNESDAY • 5 NOVEMBER 2025 NEWS Shop owner cleared of selling cigarettes above established price after case blunders THE Magistrates' Court has cleared a shop owner of accu- sations that he sold cigarettes above the established retail price, after ruling that key state- ments relied upon by the prose- cution were inadmissible. The case concerned two in- spections at the shop Hole in the Wall in San Ġiljan on 2 and 15 March 2018, during which cus- toms officials seized cigarette packets being sold at around €0.20 more than the recom- mended price. A total of 224 packets were seized in the first inspection and 735 in the second, with duties calculated at €10.53 and €34.55, and VAT at €6.94 and €22.79 respectively. During the second visit, an employee said the ad- ditional amount constituted a "service charge." However, the court noted that shop owner John Bonello had been questioned on site at a stage when he was effectively a suspect, without being informed of his right to silence or to legal assistance. Customs officials told the court they did not issue cautions because they consid- ered their role limited to seizing goods rather than detaining in- dividuals. The court ruled that any statements attributed to Bonello during the inspection could not be relied upon. The prosecution also attempt- ed to rely on statements said to have been made by an employee who allegedly contacted Bonel- lo during the inspections and named him as the owner. That employee was not brought to testify, and the court held that the statements amounted to hearsay. No documents were exhibited linking the shop's VAT number to Bonello, and there were no photographs of the seized packets or of the shop layout. The court further remarked on the significant delay in in- stituting proceedings. Although the inspections took place in March 2018, the letter author- ising prosecution was issued in March 2020, while charges were only filed in September 2023 — just months before the six- year prescriptive period under the Excise Duty Act was due to lapse. In view of these shortcomings, the court said it was not morally convinced that the charges were proven and acquitted Bonello. It nevertheless ordered the con- fiscation of the seized cigarette packets, which is required by law regardless of conviction. A copy of the judgment will be sent to the Speaker of the House, the Minister for Justice and Reform of the Construc- tion Sector, and the Minister for Finance, so that consideration may be given to possible legisla- tive amendments regarding the duty of customs officials to issue a legal caution when question- ing persons suspected of excise offences. ĦALEY XUEREB hxuereb@mediatoday.com.mt A total of 224 packets were seized in the first inspection and 735 in the second, with duties calculated at €10.53 and €34.55, and VAT at €6.94 and €22.79 respectively Pair who used minister's name in fake investment scheme handed suspended sentences A couple from Żabbar have been found guilty of defrauding an elderly woman out of tens of thousands of euro, and of harass- ment, in a case where the court criticised the way the charges had been drafted as confusing and unclear. Magistrate Donatella Frendo Dimech ruled that Marquita Far- rugia and Kurt Muscat carried out a long-running scam between 2017 and 2020, persuading an 85-year-old woman to hand over her savings for what they claimed was an investment opportunity. The investment never existed. When the woman started ask- ing questions, the pair tried to re- assure her by invoking the name of then minister José Herrera, telling her the matter was simply awaiting his approval. The fraud left the victim €45,200 out of pocket. The case also involved separate allegations that unlicensed firearms and am- munition were found at another Żabbar address linked to the pair, and that they had harassed and threatened Herrera and several other people. Both Farrugia and Muscat in- itially pleaded guilty to all 14 charges at a sitting in July 2025. However, the Magistrate did not accept the guilty plea as it stood, noting that the charge sheet was drafted in a way that did not clearly distinguish the ac- tions of each accused. Evidence later showed that only Muscat had possession of the un- licensed weapons, while Farru- gia alone was responsible for the harassment. After examining the evidence, the court found Muscat guilty of fraud and firearms offences, but not harassment. Farrugia was found guilty of fraud and harass- ment, but cleared of the weapons charges. Both received two-year prison sentences, suspended for four years. Muscat was also fined €1,200, had the firearms con- fiscated, and was banned from holding a gun licence for five years. The court ordered them to re- imburse the victim €42,200, rep- resenting the remaining amount of the fraud, and to pay €781.55 in expert fees. A three-year re- straining order was issued in fa- vour of Herrera and the others targeted. Accused used former Labour minister José Herrera's name to legitimise the scam with victims without his involvment

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