Notary on misappropriation charges

A notary was yesterday charged with the misappropriation of money two of his clients allegedly paid him for the stamp duty on documents on a property they meant to buy.

Notary Sandro Schembri Adami appeared before Magistrate Giovanni Grixti in two separate cases of misappropriation.

In the first case, Dr Schembri Adami, 41, of Valletta, pleaded not guilty to the misappropriation of Lm3,150 to the detriment of Raymond and Mary Grace Cachia on and before April 2005.

The magistrate heard Mr Cachia explain how on July 15, 2004, the promise of sale agreement for a Hamrun house was drafted in Dr Schembri Adami's Hamrun office. Mr Cachia paid the notary Lm670 that amounted to one per cent of the stamp duty on documents. Dr Schembri Adami issued a receipt.

On December 15, 2004, Mr Cachia had an appointment at Bank of Valletta's Valletta branch for the signing of the contract and on that occasion Mr Cachia passed on Lm2,230 to Dr Schembri Adami which was the remainder of the money owed for duty on documents and, again, he was given a receipt.

Some time later, Mr Cachia handed the notary Lm250 to cover the registration and research fees.

On February 18 this year, Mr Cachia received a letter from the bank informing him that the documents had not been filed in the public registry.

He checked this out and found that the bank was correct but when he tried to contact Dr Schembro Adami, he either did not get through or, when he did, the notary would assure him that he would take care of everything. But nothing was ever done to resolve the issue.

In the second case, Dr Schembri Adami pleaded not guilty to the misappropriation of Lm1,325 to the detriment of Alfio Mirabile, Filippo Mirabile and Nunzia Di Stefano.

Police Inspector Helga Debono told the court that on April 30, Alfio Mirabile filed a report in which he explained that three years ago he had contacted a notary because he wanted to buy an apartment in Marsascala. But as time passed and nothing materialised he decided to change notary.

In September 2004 he went to Dr Schembri Adami and paid him Lm350 to cover duty on documents and the promise of sale agreement was drafted. A week later Mr Mirabile paid the notary another Lm970 to cover the remaining expenses. Mr Mirable also made loan arrangements with the bank but then learnt that the documents had not been registered at the public registry.

Mr Mirabile eventually took the matter to the police. Some time later he reported that Dr Schembri Adami had paid him the money back but the charges could not be dropped.

Dr Stefano Filletti appeared for Dr Schembri Adami.