Defiant Gozo car thief jailed for three years

A car thief has been jailed for three years after being convicted of two counts of vehicle theft by a Gozo court.

Marc Luigi Alwan, 22, who has no fixed place of residence, had been accused of stealing a Mercedes car and a Ford Transit van from Zebbug, Gozo and Kercem, respectively, during the night between 24 and 25 June 2020.

The owner of the Mercedes had called the police in the early hours of the morning on 25 June last year to report that it had been stolen. During that same night, a security officer at a facility in Ghajnsielem had tipped off the police that he had just seen Alwan carrying a black car key and that the man had left the scene in a Transit van.

16 witnesses, the majority of them police officers, had testified before magistrate Joe Mifsud during the course of proceedings.

Alwan had claimed to be making night deliveries for a local supermarket and also confirmed that the key belonged to a certain “Joey,” the owner of the Mercedes which had been reported missing.

When contacted by police, the owner of the Ford Transit denied that Alwan was or had ever been engaged to work for him. The van had been left unlocked outside his stores at Kerċem, the owner said.

The suspect was arrested.

Alwan refused to cooperate with the police, turning down offers of legal representation and giving the authorities no information about the whereabouts of the stolen Mercedes.

Later in August, police were tipped-off that the Mercedes had been spotted in an alley at Għarb. After conducting forensic tests on the vehicle, it was returned to its rightful owner.

Magistrate Joseph Mifsud, presiding the court of Magistrates in Gozo, observed that every judge or magistrate’s principal challenge was uncovering historical truth. The magistrate made reference to several scholars and legal writers on the standard of proof necessary for a conviction.

Magistrate Mifsud concluded that both thefts, which were aggravated by the nature of the things stolen and the fact that they took place at night, had been proven.

The magistrate noted that the Mercedes owner had first told police that the car was worth €1,000, but had later told the court it was worth €3,500 to €4,000 when testifying. The van owner had supplied an estimated value to the court.

Seeing that the accused’s criminal record was already stained with previous convictions, the court confirmed that he was also a recidivist.

In its considerations on punishment, the court observed that the accused had shown no inclination to change his criminal ways “but rather persisted in defiance, even refusing the assistance of a legal aid lawyer.” It also noted the fact that both victims had forgiven the accused.

The court declared Alwan guilty and condemned him to a three-year prison term, also giving him a month in which to pay court expert expenses amounting to €172.64.

Inspector Josef Gauci prosecuted.