ETC inspectors cleared of bribery charges

Two inspectors at the Employment and Training Corporation (ETC) were cleared of bribery after a magistrate ruled that although it was "amply clear" they requested money from a man to turn a blind eye, he never actually paid them.

Magistrate Miriam Hayman noted that the alleged crime took place in 2000 when the legal definition of bribery only included "receiving and accepting" money. The term "requesting" (money) was added to the definition of the crime in an amendment that came into force two years later.

She cleared ETC inspectors Lawrence Parascandalo, 60, of Vittoriosa and Paul Aquilina, 52, of Zebbug of unlawful exaction and bribery.

The magistrate heard Publius Zammit say that one day in November 2000 he went to the Msida district office to register for unemployment benefits and then proceeded to take a welding set to a friend. On his way there, he was stopped by Mr Parascandalo and Mr Aquilina who told him they had followed him from Msida, remarked about the welding set and added that he would have to pay a Lm500 fine for registering for unemployment benefits when he had a job.

Mr Zammit denied this and asked them if they wanted money. He offered them Lm20. They asked for Lm50 and they then settled for Lm30. Mr Zammit gave them his mobile number so they would phone him the following day and agree on a time and place where he would hand over the money. When they phoned him the next day Mr Zammit threatened he would kill them if they bothered him and then filed a police report about the matter.

After reviewing the evidence, the magistrate ruled she was morally convinced that Mr Parascandalo and Mr Aquilina expected money they were not entitled to. She noted that case law on unlawful exaction stated that, for the crime to be proven, "what is exacted must be exacted under the pretext that it was legally due". In this case the accused requested money to turn a blind eye and that was certainly not "legally due". For this reason the elements of the crime had not been proven.

Moving onto the bribery charge, the magistrate noted that the law on bribery in 2000 - when the crime was allegedly committed - included receiving and accepting money illegally. In 2002, an amendment came into force that extended bribery to requesting money.

"It is amply clear from the evidence that Mr Parascandalo and Mr Aquilina asked Mr Zammit for money but that action at the time of the crime was not punishable at law," the magistrate concluded.

Police Inspector Dennis Theuma prosecuted.

Lawyers Joseph Giglio and Noel Camilleri were defence counsel.