Man accused of smuggling fuel, acquitted
Court acquits man of smuggling duty free fuel as prosecution fails to substantiate the charges raised against him.
John Busuttil, 51 of Luqa, was acquitted of smuggling fuel in Maltese territorial waters after the prosecution failed to prove the offence.
The prosecution said Busuttil's vessel MY Anna Maria Esmeralda was apprehended by the Armed Forces of Malta, loaded with 41,324 litres of undeclared marine gasoil worth €7,701 that he had purchased from the Mediterranean Offshore Bunkering Company. Busuttil was charged with tax evasion of €3,154 in VAT and €9,821 in customs duty. The MY Anna Maria Esmeralda was registered as a pleasure yacht, but had been modified to transport fuel.
However, the accused argued the vessel had suffered a mechanical failure and could not continue on its scheduled trip to Sicily. Subsequently it left the Maltese ports a number of times to test the serviced engines. Furthermore he had the necessary permits to purchase duty free fuel.
Magistrate Antonio Micallef Trigona acquitted Busuttil, saying the prosecution exhibited no evidence that the accused had indeed smuggled the fuel. Defence lawyer Roberto Montalto appeared for the accused.