Court hears how consumers acquired smart meters

Five consumers explained in front of Magistrate Carol Peralta how they got hold of tampered smart meters. Four out of the five witnesses said that they phoned Enemalta or the police because of the scheme that gave them protection of any legal action.

The five were the first consumers to give evidence after Enemalta waived criminal court action against them. The Attorney General also renounced action. After hearing the testimony of all five consumers, the court said that there is enough evidence for Manuel Micallef, 35 of Imtarfa and Richard Gauci, 47 from Rabat, to be indicted.

Mario Vella of Qormi gave evidence first, stating that his wife had a hair salon and the accused, Enemalta fitter Manuel Micallef, was a customer. After complaining about electricity bills, Micallef told her that he had a solution. He then told them that he could provide a meter that would under-register in return for €1,600 in cash. They paid Micallef and he installed the tampered meter and removed the other one.

David Galea, from Attard, said that when Enemalta personnel called to install the smart meter at his home last February, the installer - Micallef - told him that they had found a way for it to read less. Micallef asked for €1,200. The meter registered half of what was actually consumed.

Another consumer, Robert Vella, giving evidence against Gauci, said that a fuse blew at his house and Mr Gauci called to replace it.

Mr Gauci told him he could offer him a new smart meter which would under read electricity. He first asked for €1,200 but they then agreed on €1,000. Two days later Gauci turned up with the tampered meter and Vella said he paid him cash. The meter was installed in September 2012.

The fourth witness, Anthony Bugeja, who was reading as he gave evidence, said he had heard from other people that smart meters could be tampered with and he had felt that Gauci who, like him, was from Rabat, could help him get one.

At this point, defence lawyer Joe Giglio asked him why he was reading, and who had written what was on the paper. The witness replied that it was 'the police inspector' who had written what was on the paper.

Magistrate Carol Peralta said he expected better from the police inspector. Dr Giglio expressed amazement. Inspector Daniel Zammit said that what was written reflected what the witness had said in his police statement, and nothing else.

When he continued to testify the witness said he paid Gauci €1,000 for the tampered meter. He did not recall who had first informed him that smart meters could be tampered with.

Taking the witness stand, Louise Ciappara, from Naxxar, said that a technician turned up at her home to install the new meter while she was not home.

Her neighbours informed her that the technicians had called. Then a short time later she saw an Enemalta van in Naxxar and asked the two men inside why they had not left a note. 

They fixed an appointment and Gauci turned up. He called her over to the van and asked her if she was interested in a smart meter which under-registered. She asked him if she could get into trouble, and he replied 'no'.

He asked her for €1,000 but she said that she did not have that much and gave him €500. He initially refused but later accepted.

Ciappara said she had doubts about whether the meter was under-reading at first because there was no change in her bills but Enemalta later confirmed that the meter had been tampered with.

Enemalta Engineer Charles Scerri exhibited the meters belonging to the consumers. The meters are expected to be examined by a court expert. Defence counsel again requested bail for Gauci and Micallef. The police objected since, they said, there were still hundreds of consumers who still had to come forward and who might be asked to testify.

Dr Giglio said this was 'not on'. The Magistrate said he was not accepting his argument either.

However, the Magistrate said, following this request for bail, the Attorney General had to be notified. A bail decision will be taken in the future. The case will continue next month when other consumers are expected to testify.