Cleared of quarry theft

Two men were cleared of stealing machinery from a quarry seven years ago.

Magistrate Andrey Demicoli cleared Kevin Ellul, 31, and Victor Buttigieg, 34, of stealing the machinery in April 2000.

The magistrate heard Police Superintendent Mario Bonello explain that on April 7, 2000, Francis Camilleri reported that machinery had been stolen from his quarry in Gharghur.

Police investigations indicated that the machinery had been transported out of the quarry on a truck belonging to a certain Saviour Buttigieg.

Mr Buttigieg told the police his brother, Victor, had asked him to help him transport the machinery to Zebbug because a certain Emanuel Camilleri had bought it. The Buttigieg brothers insisted they were not aware the machinery had been stolen.

Emmanuel Camilleri told the police he had bought the machinery through Mr Ellul and paid him Lm850 by cheque. The cheque was cashed by Mr Ellul's mother, who the police found out owned 25 per cent of the quarry and the machinery. The police learnt that Francis Camilleri, who filed the police report, was Mr Ellul's uncle and owned 75 per sent of the quarry.

On evaluating the evidence, Magistrate Demicoli cleared Mr Ellul on the strength of an article of the law (article 332) laying down that "no criminal proceedings may be instituted except on the complaint of the injured party for offences committed against the property of any ascendant or relative... unless such offences be accompanied with homicide, bodily harm, other than a slight bodily harm of small consequence, or with confinement of the person".

Now, in this case, although Mr Ellul's uncle had filed the report, it did not result that he filed the formal complaint according to law.

The magistrate also cleared Mr Buttigieg on grounds that it had not been sufficiently proven that he was aware that the machinery was stolen.

Lawyers José Herrera and Franco Debono were defence counsel.