Cleared of shop theft

A Hamrun man was yesterday cleared of burgling a clothes shop after a magistrate ruled the shop owner's description of the thief was not enough to prove that the defendant was the culprit.

Charles Grima, 43, was cleared of stealing more than Lm100 worth of clothes from Fashion Fever and slightly injuring owner Jane Borg in Birkirkara on December 8, 1999.

Magistrate Abigail Lofaro heard how Borg left the shop for a while and returned to close the shutter at about 11.15 p.m. She found the door open, walked in, saw a movement behind a clothes rail and parted the clothes to see a man's face.

The man sprang out at her and ran out of the shop with a bag. Borg gave chase in her car but stopped when the thief tried to crash into her.

She went to the police with the car's registration number and testified before the expert appointed in the inquiry.

The expert, Alfred P. Camenzuli, told the court Borg had told him she had not seen the thief's face properly but thought she would be able to recognise him. She described the thief as a well-built man, of average height and with short light-coloured hair.

Eventually the police arrested the owner of a Fiat Panda on the basis of the registration number given to them by Borg. She was called and identified him.

But Magistrate Lofaro noted that no stolen items had been found at Grima's house or in his car and that his fingerprints were not found in the shop.

She also noted that Grima had not been placed in a line-up and was the only one in plainclothes at the time of his identification.

The magistrate also noted that Borg did not get a chance to see how tall Grima was because he remained seated and that she had not mentioned Grima's moustache.

Police Inspectors Simon Galea and Dennis Theuma prosecuted.

Dr Joseph Giglio appeared for Grima.