Construction worker acquitted in Valletta tool theft case

A construction worker from Qawra has been acquitted of theft charges related to the disappearance of expensive tools from a construction site in Valletta, after the court ruled that the evidence presented was insufficient to support a conviction.

Patrick Cassar, 44, stood accused of aggravated theft following the disappearance of two jiggers, valued at over €2,800, from a construction site on St Paul Street, Valletta, in October 2020. The case hinged on CCTV footage and the testimony of a police constable who claimed to have recognized Cassar as the suspect seen in the footage.

But Cassar walked out of court a free man, after defence lawyers Mario Mifsud and Nicholas Mifsud, successfully argued that the evidence presented did not substantiate the charges against their client.

The prosecution's case was built on a series of events that began when the construction tools went missing. CCTV footage from the site showed a man entering a room where the tools were stored and leaving shortly thereafter carrying what appeared to be two bags. Further footage from other security cameras along St Paul Street captured the same individual walking down the street, holding suitcase-like objects.

Investigators identified the suspect as Cassar, who should have been at home during the time of the alleged theft, due to an 8pm curfew that had been imposed on him as part of bail conditions in separate proceedings. Cassar's home was subsequently searched, but the missing items were not recovered, and neither did the officers find any clothing matching those worn by the man in the footage.

Cassar was subsequently charged with multiple offences, including aggravated theft, breaching bail conditions, committing the alleged crime while under probation, breaching the terms of a conditional discharge, and recidivism. He denied all charges.

The key issue in the case was the identification of the suspect seen in the CCTV footage. The prosecution relied heavily on the testimony of a police constable assigned to extra-duty watch at the construction site, who claimed to recognize Cassar as the man in the footage. The constable told the court that he had identified the man as Cassar from his gait and tattoos, stating that he was familiar with Cassar as one of the workers at the site.

However, Magistrate Elaine Rizzo, who presided over the case, scrutinised the reliability of this identification. The court noted that for such identification to be valid, it must be corroborated by other evidence, particularly forensic evidence, and must be based on clear and distinctive characteristics. The magistrate questioned whether the police constable had adequately compared the suspect to other workers or identified him independently of his association with the construction site.

The court further analysed the CCTV footage and still images from Valletta's Controlled Vehicular Access (CVA) system, which recorded the entry and exit of vehicles from the city. While the footage showed a man with a similar stature and gait to Cassar, the court noted that key identifying features, such as tattoos and facial details, were not visible in the footage. This lack of clarity cast doubt on the reliability of the identification.