Livestock thief gets two years in jail

Msida man jailed for two years after circumstantial evidence proves he was on a farm in Wied iz-Zurrieq at the time sheep were stolen from same place

Richard Calleja, 32 of Msida, was jailed for two years after being found guilty of the attempted theft of sheep and damaging private property.

At around 11:30pm on 4 November 2011, two police officers on patrol at Wied iz-Zurrieq noticed the man loading sheep in an Isuzu van near a farm belonging to Teophilo Camilleri. As the man's behaviour was not deemed suspicious, the officer drove on but alerted the police Control Room about allegations that sheep were being stolen from the area. The van was seen driving in the opposite direction, loaded with sheep.

Since engaging the van loaded with animals in a police chase would have caused havoc on the street, after tracing the van's owners the police left him a letter to call at the station.

Calleja went to the Msida police station and denied any involvement in the case. Given that the sheep seen on the truck were never retrieved, the police charged Calleja with attempted theft. The Msida man was also charged with damaging private property and driving an unlicensed and uninsured vehicle.

Prosecuting inspector Kevin Pulis argued that the accused's conviction should be based on circumstantial evidence. While this was not the best evidence available, circumstantial evidence could still lead to a conviction, if the court can reach a guilty verdict without reasonable doubt.

Magistrate Ian Farrugia explained that the van the officers noticed near the farm was the same vehicle they witnessed being driven at speed towards Ghar Lapsi, loaded with sheep. The van was also identified by the person who informed the police about the theft.

In his police statement, Calleja reiterated that he was the only person who had access to the van, and on the fateful night he was in constant possession of the car keys.

But the court threw out the accused's claims that he was not in Zurrieq. "The identification of the van through its licence plate and Calleja's insistence that the van was constantly in his possession, places the accused on the scene of crime and makes his version not credible," Magistrate Farrugia said.

In delivering judgement the court considered that this was not the first time Calleja was convicted of theft. "He was given at least three prior chances to change his life, yet even while on probation he tried to steal again."

Magistrate Ian Farrugia found Calleja guilty of attempted theft and damaging private property and handed down a two-year effective jail term. The accused was acquitted of driving an unlicensed and uninsured vehicle.