A Customs officer was yesterday cleared of illegally asking three women to pay Lm50 duty between them after a magistrate noted that his request was within the parameters set by law and he was doing his job.

Magistrate Consuelo Scerri Herrera heard how on September 9, 2002, Anthony McKay had filed a police report against Alfred Attard, a Customs' officer. Consequently Attard, 57, of Hamrun, was charged with unlawful exaction.

In his report, McKay said that, a month earlier, his wife and another two women went to Sicily on the catamaran and on their arrival in Malta they declared over 100 small dolls and other items.

While McKay was waiting outside the sea terminal, his wife called him to ask for Lm50 and explained that Attard had asked them to pay Lm50 in duty.

McKay made his way in and, following an argument, Attard's superior, Hector Piccinino, intervened and made a second calculation of the duty owed. The result was some Lm7.50.

Piccinino explained that it was possible that Attard had got to Lm50 because he calculated duty owed on commercial goods.

In fact, during his evidence, Attard explained how he mathematically arrived at the sum of Lm50. He explained that he knew that the McKays were hawkers, so he calculated commercial duty while Piccinino had calculated duty on personal goods after hearing McKay's wife explain that the dolls were intended for a children's party.

The magistrate also heard how a month after that incident Attard was in duty at the airport when McKay, who had just returned from Bulgaria, tried to go though the green channel and asked Attard to let him through.

Attard stopped him and McKay ended up paying duty. After the incident at the airport McKay filed the report against Attard.

On evaluating the evidence the magistrate ruled that although it had resulted that Attard was a public officer and had asked for money, his request was within the parameters set by law.

Police Inspector Edel Mary Camilleri prosecuted.