Ghanian importer of false documents gets jail

A court has jailed a Ghanian man for using forged documents purported to being “international driving documents issued by the International Automobile Drivers’ Club”, but cleared him of having forged them himself.

Stephen Osei Boateng had been accused of knowingly making a false declaration in a document intended for a public authority, knowingly making use of a forged document, forging a passport, being in possession of forged travel documents and relapsing.

Magistrate Aaron Bugeja was told how a customs inspection on a package addressed to the accused found documents purporting to be “international driving documents”.

The police were alerted and a search was carried out at the accused’s residence, turning up more documents relating to the sale of these documents in Malta. During their search, the Police found a “passport” issued by the “State of Sabotage,” bearing the particulars of the accused and his photograph, but stating his place of birth to be Togo, not Ghana.

In a carefully researched and clearly explained judgment, the magistrate elucidated the legal principles applicable to the crime of forgery of public documents under Maltese law, applying them to incident in question.

The magistrate held that the false passport was clearly and immediately recognizable as a “fanstasy passport”, lacking the basic security features common to all legal passports and could not be considered to be intended to deceive any public authority. The fact that it purported to be issued by an clearly fictitious country meant that it was not a public document and therefore was a “gross forgery” – for which no criminal liability could be found.

The same was held with regards to the “international driving document.” The court noted the detail and high quality of the card, which resembled an genuine driver’s licence, but held that that the words “this card is a translation of the original licence and must be accompanied at all times by the original” written on the card in small print, meant that it was not a forgery.

The court expressed concern, however, about a booklet and driving licence issued in the name of Turkish national, allegedly residing in Malta. The card clearly, in bold all-caps, states that it is an International Driver’s Licence. The documents attached to it referred to international conventions on road safety “giving these documents an aura of officialdom.”

Boateng had admitted to being the agent for the foreign private enterprise marketing these documents in Malta and intended to sell them for profit. However he did not create them, only acting as an intermediary.

The court held that the sale of forged documents in Malta falls within the parameters of “use of a falsified document”, the second charge levelled at Boateng, and found him guilty of that charge, imposing a four-month custodial sentence.