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8 maltatoday, WEDNESDAY, 13 MAY 2015 News Man claims plagiarism by Mintoff biographer MATTHEW AGIUS THE author of a book in Mal- tese titled "Statues of Malta and Gozo", which was first published in 1998, has filed a judicial let- ter in court complaining that his work had been plagiarised and stolen by a man bearing a closely similar name to his. Joseph Mary Grech filed the judicial letter against the Com- missioner of Police, against Doreen Spiteri as a representa- tive of Dom Communications Limited, the Dominic Mintoff Society, Josef Grech, Book Dis- tributers Limited, the national Library of Malta and the Attor- ney General. The defendant, 34-year-old Josef Grech from Marsaskala, who had set up the Dom Min- toff Foundation in tribute to the former prime minister and published his biography of the Labour leader, titled Duminku Mintoff u Malta in 2012, had al- ready received a 20-month jail sentence earlier this year after being found guilty of fraud. The judicial letter filed yes- terday states that Joseph Mary Grech had authored a 123-page book, published by Publish- ers Enterprises Group (PEG), on the subject of titular statues and secondary statues in Mal- tese and Gozitan churches. This book also contains an analytical index running from page 119 to 123. Grech had recently come to know that last year, another book with the same title had been published by Josef Grech through Dom Communications Limited Malta. This eponymous publication features a foreword about Maltese feasts, written by Dominican priest Fr Reno Mus- cat. Joseph Mary Grech, the plain- tiff, alleged that, having ob- served this new publication, it is clear that the information about the statues had been taken from his original work and constitutes intellectual property theft. The plaintiff points out that the subsequent publication contains 80 photographs that are identi- cal to those in his and which had been scanned or photographed from the book, something, he says, which is evident from the poor quality of the images. The letter indicates that the Dom Communications book is available in the Maltese Nation- al Library and the Malta Public Library and requests the court to order that the misleading publication by Josef Grech be withdrawn from the market, and a notice be published in four na- tional daily newspapers, inform- ing the public that Josef Grech's book was plagiarised from his. He also requested compensa- tion for past and future damages caused by the infringement of his intellectual property rights and asked the Commissioner of Police and Attorney General to investigate this case and ensure the protection of intellectual property through both local and EU legislation. Soldier cleared of cannabis possession on appeal MATTHEW AGIUS AN AFM soldier has been cleared of cannabis possession on appeal, after a court held during their investigation that the police had only actually found traces of the substance, which may well have pre-dated the time specified in the charges by three years. George Anthony Axiak, 29 from Victoria, Gozo had received an 18-month conditional discharge last year when he had been found guilty of being in possession of cannabis resin in December 2010. Axiak, had filed an appeal, claiming that he had stopped taking cannabis some three years prior to being charged, and that he had never consumed any drugs during his army service. In the court of appeal, Chief Justice Silvio Camilleri was told how police had searched Axiak's car in December 2010, retrieving a CD cover which had traces of a white powdery substance and that a search of his room had re- covered two cheese graters with traces of cannabis and the rem- nants of the 'roach' end of a joint. While subsequent tests on the powder came back negative for illegal substances, the court-ap- pointed experts had reported that the graters had tested positive for traces of marijuana, but that the quantities were 'insignificant', and too small to measure. The defence asserted that Axi- ak had started smoking cannabis about five years earlier and had ceased to use the drug at least three years before being arrest- ed. In support of this argument, Axiak pointed out that he had never tested positive for drugs during his service in the army, and this in spite of undergoing several random drug tests. The court held that circum- stances did not lead to certainty beyond a reasonable doubt that the accused was "consciously in possession of the drug at the time of his arrest", and that because this essential element of the con- viction was lacking, revoked all punishment. Defence demand to police file in 2012 football violence case MATTHEW AGIUS THE compilation of evidence relating to an ugly incident of football-related violence contin- ued yesterday afternoon, with the lawyers representing a group of Serbian football fans who claim to have been beaten up by police officers requesting access to the file about the police's internal in- vestigation. The request was made dur- ing the compilation of evidence against eight Serbian football sup- porters who, together with two men from Greece and Bulgaria, are accused of having violently resisted arrest and injured a po- lice officer after they invaded the pitch during a Champions League match between Valletta FC and Partizan Belgrade in July 2012 at the Hibs Stadium in Paola. The men are denying all charg- es. Yesterday former police com- missioner John Rizzo testified that he had ordered an investigation into the alleged beatings but had not been involved in it. However, in doing so, Rizzo contradicted the version of events previously given by Superintendent Carmel Bartolo who had informed the court from the witness stand that he was unable to testify on the investigation as Rizzo had person- ally conducted it. Under cross-examination by de- fence lawyers Giannella de Marco and Gianluca Caruana Curran, Rizzo admitted that he could not recall the report in any detail. Rizzo repeated that to the best of his knowledge, he had only or- dered the investigation after being told of the claims. "We can easily establish this by asking for the po- lice file to be exhibited in court," added the ex-commissioner. He recalled noting that the conclu- sions reached by the report was that nothing illegal had been ob- served. But de Marco claimed that the report that had been compiled lacked even an interview with the alleged victims, who are claiming that officers had sprayed them with pepper spray whilst they were handcuffed, inside the police van. De Marco reminded the court that a court expert had testified that the men had suffered injuries inflicted by kicks and truncheons, including blows to the face. As the two versions heard by the court were in direct conflict with each other, the lawyer requested that she be allowed to view the police file to ascertain what the conclusion was. Inspector Jurgen Vella, prosecuting, said he had no objection to the request but would have to refer the matter to his su- periors as per procedure. This led to a frank exchange of views between the defence and prosecution, after de Marco an- grily accused the police of trying to cover up their misdeeds. "You should be on this side asking for action to be taken. I am disgusted by your attitude," she said, spark- ing an equally angry reaction by the prosecution, who described the accusation as unacceptable. Magistrate Claire Stafrace Zam- mit brought the court to order and gave the prosecution three days to submit an official reply to the defence's request. Burglar, 19, gets last chance to reform A magistrate yesterday sentenced a 19-year-old recidivist to a three- year probation order, urging him to change his ways while he still had time. Inspector Jason Francis Sultana presented John Junior Pace, from Gzira, under arrest before Magis- trate Doreen Clarke, accusing him of burgling his elderly neighbour's house last month. The burglary of the house, which had been unoccupied for five years while its owner was being cared for in a home for the elderly, had result- ed in some €2,000 worth of silver objects, cutlery, plates and vases be- ing unaccounted for. In June last year, Pace had been fined €700 after he pleaded guilty to shooting an air rifle at a window of the Gzira health centre. The lenient punishment he received at the time was due to his then clean police conduct. Addressing the accused, who at first glance appeared much younger than his 19 years – compounded by the fact that he was accompanied by his concerned mother – the magis- trate made it absolutely clear to the young man that this was his last chance. "I am ordering the probation order to be of the maximum length. You are 19 and already have a previous conviction. You are evidently on the wrong path and we want to set you straight. We can help but ulti- mately, it depends on you," she told the youth. "You are not free from the con- sequences of this case. If you com- mit another crime in the next three years you will find this case return- ing to haunt you and you will be jailed." The court appointed a probation officer, warning Pace that not turn- ing up for an appointment with his probation officer or disobeying one of his instructions would be equiva- lent to doing the same to the court and would also result in his impris- onment. "You are still in time to change your path. Take it," the magistrate said. YOUR FIRST CLICK OF THE DAY www.maltatoday.com.mt Josef Grech (left), pictured here with Yana Mintoff (right) was already found guilty of fraud earlier this year