Pastizzeria owner acquitted because of time-barred charges

Albert Muscat, 41 of Msida was cleared of stealing electricity and tampering with his electrical meter, after the court ruled the charges against him were time barred. 

Two charges were originally pressed against the accused, but a year later the prosecution altered the charges to include the charge of relapsing.

The defence counsel argued that when the Magistrate ordered the charges to be re-read under oath, the court essentially started the proceedings again from the start. However, the lapse of another year resulted in the charges being time barred.

Prosecuting officer Spiridione Zammit explained how Enemalta Corporation informed the police that the electricity meter at ‘The Original Sphinx Pastizzeria’ in Fgura had been tampered with since 16 January 2002. Ten years later, Enemalta claimed that from 1997 until 2002 the accused allegedly stole €11,611 worth of electricity.

The site was inspected in 2002.

The court was told the complaint was filed in 2010 because of backlog at the Corporation’s office. An estimate of the stolen electricity was issued the previous year.

The estimate was calculated by simply multiplying the assumed use of electricity by the number of days the corporation claimed the meter had been tampered with.

No magisterial inquiry was held in this case because the duty magistrate claimed there was no need to hold an inquiry.

Magistrate Neville Camilleri upheld the defence arguments and acquitted Muscat of the charges of tampering and damaging the property of Enemalta Corporation and stealing electricity. Furthermore the acquittal also clears the accused of relapsing.

Inspector Spiridione Zammit prosecuted while lawyer Stefano Filletti appeared for the accused.