A 52-year-old man has been cleared of defrauding a woman of Lm1,200 after a court ruled that the elements of the crime had not been proven.

Joseph Fenech, known as Zeppi l-Hafi, was cleared of defrauding Absi Rabiaa over five years ago.

Magistrate Giovanni Grixti heard that Mr Fenech had asked a certain Aidi Magid to lend him Lm1,000. Mr Magid asked his cousin, Ms Rabiaa, to lend him the money so he would, in turn, lend the cash to Mr Fenech.

Ms Rabiaa agreed and forked out Lm1,000. Mr Fenech issued a blank post-dated cheque for Lm1,200. The cheque was then filled in bearing Ms Rabiaa's name but, when she went to cash it, it bounced.

It also resulted that Mr Fenech had warned Mr Magid to wait before cashing the cheque as he did not have enough funds in his bank account at the time.

On evaluating the case, the magistrate noted that this was an exchange of money between three people and the elements of fraud - that included criminal intent and deceit - had not been proven. The magistrate therefore cleared Mr Fenech.

Police Superintendent Alexandra Mamo prosecuted.

Lawyer Franco Debono was defence counsel.