Issue link: https://maltatoday.uberflip.com/i/315336
maltatoday, WEDNESDAY, 21 MAY 2014 News 6 CHRIS MANGION THE owner of Cassar Fuels Ltd re- counted in a court how three bows- ers containing superyacht fuel had been emptied, resulting in losses of €75,000 for his company. Mark Cassar was giving evidence in the compilation of evidence against former police officer Peter Paul Attard, Joseph Sgendo and Chris Chircop. The three men, all from Msida, are charged with theft and handling stolen property. Cassar said that on 18 October, 2008, at around 5:30am, his son went to mix a red additive to the three bowsers of fuel in order to be able to use it to resupply it to su- peryachts. The three bowsers were outside the company's building in Triq il-Kummerc, Qormi. Cassar said that he had five trucks locked inside the garage on the night before the theft. "Whoever stole the fuel took out the bowsers without forcing the locks on the garage door. The CCTV footage and the computer it was stored on were also stolen. When my son told me they were empty I went to check then informed the police. Although the fuel itself was stolen, the com- pany still had to pay VAT, tax and duty on it," Cassar said. The witness told the court that the theft must have been masterminded by someone who knew the layout of the offices. "I strongly believe it was former employee Kevin Debono who gave the information to the thieves," he said. Cassar also said that he knew Pe- ter Paul Attard, but had previously warned him not to visit his offices. "However about three weeks prior to the theft I saw him in my garage talking to my son and other employ- ees and demanded to know why he was there," Cassar said. Cross-examined by defence law- yer Lucio Sciriha, the witness con- firmed he had personally locked the bowsers inside the garage, after loading them with fuel from the En- emalta depot at Ras Hanzir. At the end of the sitting, Cassar exhibited documents showing the value of the fuel and the amounts of VAT, tax and duty paid. Lawyers Michael and Lucio Sciri- ha are appearing for the accused. CHRIS MANGION PHILLIP Mifsud, 59, a man want- ed in Italy over the smuggling of cigarettes, was granted bail when the court heard that since Italy re- issued a European Arrest Warrant against him in December last year, the man did nothing to escape jus- tice. Magistrate Audrey Demico- li heard how in October 2013, the judicial authorities of Genoa issued a European Arrest Warrant for three Maltese men in connec- tion with an investigation related to the smuggling of 18,250 kilos of contraband cigarettes in Genoa. Magistrate Aaron Bugeja ordered the extradition of Francis Galea, Philip Mifsud and Michael Spiteri, but each filed an appeal. On 25 November, the Court of Criminal Appeal, presided by Mr Justice Antonio Mizzi, refused the surrender of the three Maltese men, ruling they had not been formally charged by Italy, but were merely being investigated. This did not satisfy the require- ment that a wanted person must be facing criminal charges. However the following day, by means of a simple Legal Notice, the government amended the Ex- tradition Law to read that a person can be surrendered when wanted "for the purposes of continuity of criminal prosecution for the com- mission of an offence specified in the warrant". In Italy, the investigation phase is considered part of the judicial proc- ess and can last for up to two years before a person is actually accused. But a person arrested in Malta has to be arraigned within 48 hours or be released. The legal notice, therefore, am- plifies the meaning of the words, 'wanted person' and 'the accused', to include those who could be ar- raigned following extradition. Presumably aware of the amend- ment in law, the Italian authorities issued a new European Arrest War- rant on 10 December 2013. "When apprehended in Floriana, Mifsud was presented with a copy of the extradition warrant in Eng- lish and a printed version of his rights in the Maltese language. He was aware of the EAW issued against him, as he has ongoing pro- ceedings in Genoa, charges he is contesting. "His next sitting in Italy is in June. Since his arrest was ordered by a foreign court, it would be un- fitting if a local court grants him bail," prosecuting inspector Mario Cuschieri explained to the court. However, defence lawyer Joe Giglio argued that the serving of an EAW means that the Maltese court starts procedures to decide wheth- er or not to surrender the requested person. "During such proceedings, the ac- cused has a right to be awarded bail. That right is governed by the Mal- tese laws. Mifsud has been aware that there was a new EAW against him for the past five months. "Yet, not only he did not do any- thing to escape the long arm of the law, but I personally communicat- ed with the office of the Attorney General about the execution of the warrant," the defence said. While the prosecution argued that there were issues with trac- ing Mifsud, the defence recalled an instant when the prosecuting in- spector and the accused had been on the same f light. But Inspector Cuschieri claimed he had not rec- ognised the accused. The defence reiterated there was no valid reason for the accused to be denied bail. "His family and his business is in Malta, he was already granted bail in previous proceed- ings and always abided by the con- ditions handed down by the court," Dr Joe Giglio argued. Magistrate Audrey Demicoli granted bail against a deposit of €2,000 and a personal guarantee of €4,000. Lawyers Joe Giglio and Stephen Tonna Lowell appeared for Mifsud. Thieves made away with €75,000 worth of fuel Notice of meeting to be held in public e Malta Environment & Planning Authority will meet on ursday 22 nd May 2014 at 14:00 hours at the MEPA boardroom, St. Francis Ravelin, Floriana, to discuss the following: DETERMINATION OF DEVELOPMENT CONTROL APPLICATIONS: PA 2770/13: Site at, 'Chamonix', Triq il-Ferrovija l- Qadima, Balzan To demolish existing dwelling and proposed basement garages, semi basement maisonette, apartments at elevated ground oor to second oor and penthouse at roof level. 9 units in total. PA 3116/12: Site at, Triq tal-Milord, Bidnija, Mosta To construct winery below street level. PA 2253/13: Site at, Field at Tad-Dikkiena, Siggiewi To construct poultry farm plus other farm related amenities. Subject to the maximum seating capacity, seats can be reserved on request for the applicant and registered objectors. Remaining seating is lled on a rst come rst served basis. RESERVATIONS: 2290 2018 16 th May, 2014 www.mepa.org.mt Man wanted in Italy granted bail Romanian convicted of theft CHRIS MANGION ROMANIAN national Dan Petrila was handed a conditional discharge after admitting to stealing a boat trailer and damaging private prop- erty. Inspector Roberto Said Sarreo ex- plained the 38-year-old Romanian lives in M'Scala and works in boat repairs. On the night between the 14 and 15 April this year, the ac- cused stole a boat trailer from out- side his residence and proceeded to make alterations to it. However he was apprehended by the police. "He fully collaborated with the investigators, returned the stolen trailer and pledged to pay the expenses needed to return it to its original state", the inspector said. The cost to return the trailer to its original state amounts to €234. The trailer belonged to a certain An- drew Galea. Defence lawyer Roberto Montalto said that Petrila believed the trailer had been abandoned as it had been standing outside his house for a very long time. "He chose to ignore the fact that it could very well be- long to someone. However this was a one-time case, as can be seen from the accused's clean police record," Montalto said. Magistrate Audrey Demicoli handed Petrila a two-year condi- tional discharged and ordered that he pays the sum of €234 to the vic- tim, within a month. Inspector Roberto Said Sarreo prosecuted while lawyer Roberto Montalo appeared for the accused. Usury victim convicted of theft and fraud ALISTAIR Charles Stewart, 37, born in Cheltnham, England and residing in Paola, was handed a suspended jail term after pleading guilty to stealing a chequebook and defrauding Michelina Bonnici. The case goes back to December 2011 when, finding himself in dire financial straits, Stewart turned to usury. Through the help of others, he approached a man who lent him money at extortionate interest rates. But as time went by, the accused could not pay the moneylender. At the end of 2011, the accused noted that a certain Michelina Bon- nici, who lived in the same block of apartments as him, had not re- trieved a chequebook from her let- terbox. Bonnici had been recover- ing at a home for the elderly. Stewart stole the chequebook from the letterbox and paid the moneylender with a forged cheque. Jonathan Ferris prosecuted, charging Stewart with fraud, forg- ing documentation, stealing from Michelina Bonnici and filing a false police report. The accused admit- ted to the charges. Considering the facts of the case and that the accused admitted to the charges early in the proceed- ings, Magistrate Doreen Clarke found Stewart guilty and handed him a two-year jail term suspended for three years. Sources close to the investigators told MaltaToday that other people are expected to be arraigned in connection with this case. Amongst these are the person who acted as an intermediary between the vic- tim of usury and the moneylender, and the moneylender himself.