Energy theft | Police duty-bound to arraign ‘accomplices’

PN deputy leader for party affairs Beppe Fenech Adami and spokesman for home affairs Jason Azzopardi said the Police were duty-bound to arraign the consumers whose smart-meters had been tampered with.

Enemalta's financial accounts have shown a €30 million loss, which according to the Ministry for the Energy result from theft of electricity. So far, Enemalta has discovered 1,000 smart meters that have been tampered with and suspended nine officials, one of which has pleaded guilty.

Described by the government as the "best way to go after the big fish", Enemalta has decided to waive criminal steps against the consumers as long as they come forward, pay their dues and penalties and provide information that helps "capture the masterminds"of the criminal web.

But the Opposition argues that is "irresponsible" and "immoral" to pardon acts of bribery: "Someone bribed the public officials to tamper with the smart meters. That is an act of corruption which makes the accomplice guilty as much as the author."

Beppe Fenech Adami insisted that no person was above the law, not even the prime minister. "No person can decide that the police should not proceed against anyone suspected of criminal acts. We appeal to the Commissioner for Police to investigate the matter," he said.

Fenech Adami added that a €30 million theft among 1,000 smart meters meant €30,000 theft per smart meters. Adding that an average household did not spend more than around €1,300 a year, the "big fish" were among the consumers involved in the theft.

Jason Azzopardi added that the legal notice which granted the Enemalta chairman the power to waive criminal proceedings against an individual accused of theft, and not those accused of corruption.

He added that another part of the criminal code, Article 309 dealing with fraud, was being ignored.

Citing Article 346 of the Criminal Code, Azzopardi said the police had the obligation to arraign both authors and accomplice. "This is not a courtesy or a choice, but the police's duty," he said.

He went on to quote Article 115 and Article 120 of the Criminal Code dealing with bribing public officers and the penalties that an accomplice would face.

"The accomplice carries the same responsibility carried by the authority. The government is misleading the public when it talks about the small and big fish," Azzopardi added.

Closing off his comments, Azzopardi referred to an address given by junior minister Owen Bonnici in parliament last year. According to the PN MP, Bonnici had said it would be a disgrace if politicians could do something tangible to fight corruption, but they don't.

Defending the PN from claims that a Nationalist administration had granted "an amnesty" in 2006 to those who had tampered with their smart meters, Fenech Adami this was "a big fat lie".

"The consumers had their electricity cut off, ordered to pay five years' arrears a 9% interest on those five years and covered the costs for the installation of a new meter," he said.

He added that at the time, Enemalta did not have the technology to trace the "dishonest consumers" as the meters were not 'smart'. "It was the best way to solve the irregularities by urging them to come forward."