Thief cleared of simulating burglary

A man who was accused of simulating a burglary was acquitted of the charge yesterday when a court found that he had in fact committed the theft himself.

Emanuel Azzopardi, 57, of Rabat had been accused of simulating a theft, committing a crime within the operative period of a suspended sentence and relapsing.

Magistrate Doreen Clarke heard how on January, 26, last year, Mr Azzopardi's son Joseph called the Rabat police station to report a theft from his house.

He reported that he had found money missing from his bedroom and that the room had been turned upside down.

On arriving at the house, the police spoke to Joseph Azzopardi and his brother Colin, who said that, when they had gone home, they found out that the bedroom had been burgled and was in a mess.

In the course of investigations, Joseph and Colin Azzopardi began to suspect that their father was involved in the incident because of his financial problems.

When questioned, Emanuel Azzopardi told the police that he "created the theft scene". His sons declined to take any further action against their father but the police proceeded with the case.

Mr Azzopardi admitted in court to taking the money.

But the magistrate yesterday said that Mr Azzopardi had been charged with simulating a theft and not with the theft itself. According to law, one cannot be found guilty of simulating an offence that actually took place and because of this, Mr Azzopardi was acquitted.

Police Inspector Nezren Grixti prosecuted.

Lawyer Roberto Montalto appeared for Emanuel Azzopardi.