Couple cleared of usury

A couple were yesterday cleared of usury after a magistrate noted that private agreements exhibited by police, as evidence of the crime, were dated before May 2002 - when usury did not yet constitute a crime by Maltese law.

Pierino Fiorini, 60, and his wife Stella, 55, of Tarxien had been charged with usury, carrying out financial activity without a licence and living off the earnings of the prostitution of Maria Fatima Mifsud.

Mr Fiorini alone was also charged with the illegal possession of a flick knife and threatening Ms Mifsud with it.

Magistrate Consuelo Scerri Herrera heard Ms Mifsud explain how she had been a victim of usury and had borrowed money from the Fiorinis to pay other debts she had with a certain George Xuereb.

She explained how she was so scared of Mr Xuereb that she had spent four days in hiding, living in a field. After that she had gone to police and told them about her problem.

Ms Mifsud explained that she had been borrowing money from the Fiorinis, at high interest rate, for 17 years. For every Lm100 she borrowed she paid Lm50 in interest. They had recently reached an agreement that she would give the Fiorinis her children's allowance as well as Lm5 a day.

She also explained how the social security benefits she received were credited to a bank account and the Fiorinis called at the bank and collected their share from the account.

Ms Mifsud added that, apart from the social security benefits, she also earned money from prostitution and at times the Fiorinis went to pick up the daily Lm5 while she was working in Marsa.

The magistrate also heard how, during a search at the Fiorinis' home the police found a private agreement between the Fiorinis and Ms Mifsud for the loan of Lm3,000, a private agreement with Grace Grech, who is Ms Mifsud's daughter, for a loan of Lm930, and a private agreement with Carmelo Mifsud, Ms Mifsud's son, for a loan for Lm6,750.

On evaluating the evidence the magistrate noted that private agreements exhibited by police were dated before May 2002, which was when the crime of usury came into effect.

Consequently, the Fiorinis could not be found guilty of the crime - which did not exist at the time.

The magistrate also cleared the Fiorinis of lending money without a licence after noting that, since the Fiorinis had lent money to Ms Mifsud and others for their personal use, there was no need for a licence.

Magistrate Scerri Herrera also cleared the couple of living off the earnings of prostitution on the grounds that they did not incite Ms Mifsud into prostitution and then take her earnings or part of them.

It had not been proven that they pressured her into prostituting herself.

She however found Mr Fiorini guilty of the illegal possession of a knife and threatening Ms Mifsud with it and fined him Lm50.

Police Inspector Joseph Cordina prosecuted. Lawyers Joseph Giglio and Franco Debono appeared for the Fiorinis.