Cleared of damaging roof

A Tarxien woman was yesterday cleared of damaging her neighbour's roof after a magistrate ruled that, if anything, she could have been found guilty of exercising a presumed right over her neighbour's property.

Dolores Abela, 45, was cleared of causing over Lm50 damage to Mario Muscat's roof when she pushed down two courses of a low wall onto it in Tarxien on October 2, 2001.

Magistrate Abigail Lofaro heard Abela explain that Muscat had told her that he would build two courses and put a railing on top.

But when she went on the roof and saw that six courses had been laid she got angry and pushed down two of the courses onto Muscat's roof.

Abela, however, explained that she did not intend to damage the roof and pushed the stones off because she felt cheated.

Magistrate Lofaro noted that the damage caused to the roof was a consequence of the presumed right that Abela exercised over Muscat's wall when she pushed it over, but not of a wilful intent to damage the roof.

For this reason she could not be found guilty of the charge brought against her.

Police Inspector Dolores Abela prosecuted.

Dr Ludvic Caruana appeared for Abela.