Stereo ‘thief’ acquitted over shoddy police work

Magistrate Audrey Demicoli this morning acquitted Charles Charlot Cutajar, known as 'Patatu', of all charges of theft when it resulted that he was asleep at the time of the theft.

Instead it was police officers that were in for an admonishment from the court, which held that the prosecution officers could have done a better job by carrying out forensic tests and comparing the fingerprints of the accused to those found on the items. These tests would have resulted in the best possible proof against the accused.

Cutajar, 50, from Bormla was accused with various thefts from vehicles parked in Birgu, Fgura and Zejtun on the night between June 15 and 16.

These items included stereos, speakers, perfumes and sunglasses.

Cutajar was stopped along with passenger Leondross Cutajar, in a Mazda 323 he was driving in Bormla, which mobile police officers suspected had been stolen. He denied any knowledge of the stolen goods inside the car, which he said belonged to the passenger.

Witness Audrey Busuttil told the court that some of the items found by the police were hers, and that her car had been damaged in the theft. David Bonello and Massimo Spiteri-Terribile also testified that when the police showed them the items found in the car, they recognised some to be their own.

Leandross Cutajar told the court that on the night in question he had used the car of the accused to go and purchase drugs, however at the same time he stole a number of items from different vehicles in order to fund his addiction. He also testified that the accused was asleep at his house, and that he met him in the morning to retrieve their dose of methadone.

Charles Cutajar took the witness stand explained to the court that he had been living with Leandross for about a month. On the night of June 15 he was in a stupor at home as he had taken drugs and could not wake up. In the morning, while on the way to get methadone they were stopped by the police and arrested.

Magistrate Audrey Demicoli held that the prosecution had not managed to prove their case beyond reasonable doubt. Witnesses held that the accused was asleep at the time the theft happened and the police ran no forensic tests to prove that the accused had come in contact with the items.

The court acquitted the accused of all charges.

Inspector Frankie Sammut prosecuted.