Matthew Xuereb
‘Mayor misused public property’
A mayor allowing his daughter to use the internet on his council laptop constituted misuse of public property, Police Inspector Angelo Gafa` insisted in court yesterday.
He was making the case for the prosecution against Charles Saliba, 55, mayor of Żebbuġ, Gozo, who has been charged with misappropriation for allowing his teenage daughter to access the social network site Facebook when he took his council laptop at home.
The case, first reported by The Times, raised eyebrows, not least among fellow mayors who called for “flexibility and common sense” to prevail. In fact, in response to a number of queries by mayors who use laptops bought from council funds, the Local Government Director General issued a memo to all councils, putting their minds at rest that laptops were meant to be used outside council premises.
However, the police insisted yesterday that the use of the laptop by a third party, as happened in this case, amounted to misappropriation under the law. The article of the law quoted says: “Whosoever misapplies, converting to his own benefit or to the benefit of any other person, anything which has been entrusted or delivered to him under a title which implies an obligation to return such thing or to make use thereof for a specific purpose, shall be liable, on conviction, to imprisonment for a term from three to 18 months.”
Mr Saliba’s lawyer, Charles Galea, insisted the case was unfounded and lacked the basic legal requirements for charges of misappropriation and embezzlement to be issued.
He even took the unconventional step of exempting the prosecution from bringing any witnesses to testify, saying he would argue the case on “purely legal” terms.
Dr Galea said the defence was not contesting the fact that Mr Saliba allowed his daughter to use the council laptop or that he used it to access his personal internet banking. What he insisted on was the fact that this could not be construed as misappropriation.
Magistrate Edwina Grima, who presided over the first hearing of the case in Gozo, said it was “too much of a borderline case” and told the prosecution to produce its witnesses anyway.
She appointed a court expert to analyse the contents of the laptop.
Mr Gafà told the court the police started investigating the case when the Parliamentary Secretariat for Public Dialogue, Chris Said forwarded a letter received from Żebbuġ Labour councillor Joseph Camilleri alleging a number of irregularities committed by the mayor and other Nationalist Party councillors.
Mr Saliba has resigned from the PN but remained on the council as independent mayor, a post he has occupied since 2004. In his resignation letter to the PN, Mr Saliba explained he wanted to be in a better position to defend his innocence without prejudicing the party in any way.
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G Falzon
Sep 19th 2010, 19:41
Haven't the forces of order better work to do? Saying it in Maltese, as it has more punch: Ajruplan jghaddi u nemusa tehel (An aircraft keep flying with immunity while the tiniest mosquito is brought to book). People's money need to be spent in a more efficient and effective way. "Aircraft" that are continuously allowed to pass through without hindrance constitute wastage of public taxes, too.
P. Pace
Sep 18th 2010, 14:07
Din bis-serjeta?? Ghax halla li-tifla tuza il- lab top jista jehel sena u nofs habs?? mela m ahn iex f dinja?? Billi halla lit-tifla tuzah ma seraq xejn dak li hu tal pubbliku.
Jaqaw hadt minnha ma jcempel min fuq il- post tax-xoghol jew jibghat emails mhux konessi ma xoghol. Had dminnha ma jwigeb il- mobile tieghu meta jkun ix-xol?? U ejja ma ndahhkux!!
Allura kull min ghandu karozza moghtijja mix-xol, jekk hu u sejjer lura id-dar jaddi fuq qadja personali jkun qieghed jabbuza wkoll??
Ma nifhimx ghaliex qed tintuza (jew forsi tinhela) din l-energijja kolla fuq cucata meta imbghad hemm eluf ta kazi pendenti bi snin twal. Ghar min hekk dan jista jehel bejn 3 xhur u sena u nofs. U min jaghmel reat ta vera jihu sentenza sospiza... ikolli nghid li nisthi nghid li is-sistema ta pajjizi taqgha ghal din ir-redikolagni ...
Ejjew niffukaw fuq il- kazijiet vera ta frodi u krim inalita u mhux fuq min b mod l-izjed innocenti ghamel uzu min haga bla ma naqqas xejn minn dak li hu tal pubbliku!!
Joseph Vassallo
Sep 18th 2010, 09:38
Quote:- "Whosoever misapplies, converting to his own benefit or to the benefit of any other person, anything which has been entrusted or delivered to him under a title which implies an obligation to return such thing or to make use thereof for a specific purpose, shall be liable, on conviction, to imprisonment for a term from three to 18 months.” Unquote.
The temporary use of this item by someone (anyone) outside of official business, does not constitute "conversion". I think the police are wasting their time, if there are no other underlying allegations that they need to investigate. The prosecution's request to inspect the contents of the computer suggests that there might be.
Other than that, the official bodies should take into consideration the number of conscientious officers who use their own private property (computers, cars, etc) to facilitate their work without seeking compensation and view this episode in that light.
malcolm seychell
Sep 17th 2010, 23:36
Shame on the PL.
If this is the alternative to PN, then may god leave us with the PN for eternity.
This is madness. There is no abuse in such cases.
Ray Grech
Sep 17th 2010, 20:34
ONLY IN MALTA!!!... this is amazing... wasting of money from us tax payers in this SILLY case!! It would be better that time and effort by the courts is spent on the MANY LONG pending, more serious cases still waiting to be heard!!
Eric Gahn
Sep 17th 2010, 18:49
Jekk il-Labour ser jaqbad ma cucati bhal dawn il-floaters li ghandhom simpatija lejh malajr jitilfugha. Hadd ma jrid minn jghaddieh biz-zmien jew jahlilu hinu (u iktar, flusu) u dan il-kaz ma hu xejn inqas min dan. Irridu naraw Labour (u niesu) serju, jahdem fuq affarijiet serji mela l-fatt li laptop ta kunsill intuza min persuna ghal Facebook.
j. saliba
Sep 17th 2010, 16:57
u l-laptop li l-gvern isellef lill-ghalliema ghall-iskola biss juzawh???Ma juzawhx ghall-facebook, loghob u xoghol tal-privat u ghat-tfal taghhom stess??? funny hux???
N.Farrugia
Sep 17th 2010, 16:12
The Zebbug Labour councillor should hang his head in shame for reporting the mayor for such a stupid innocent act. He should report much more serious wrong doings that takes place in every nook of the Islands,with the blessings of both parties, as they involve millions of euro which is collected through taxes.
Ramon Casha
Sep 18th 2010, 06:27
The PL councillor reported "a number of irregularities committed by the mayor and other Nationalist Party councillors". The report does not say what these irregularities were, but it is the police who apparently only found this and decided to go ahead and charge him anyway.
In my opinion, it's a good thing to report suspected irregularities, and it's a good thing for the police to investigate them, but if the investigation turns up nothing more irregular than this, they should drop the case.
Reuben Gauci
Sep 17th 2010, 15:37
So what about the many public officials who constantly monitor there work related emails from their personal computer at home after office hours, not to mention weekends? Is that a misappropriation of their personal property for the good of the public? I still can't believe that such a case is actually wasting public money!!!
Richard Granville Scrowston
Sep 17th 2010, 12:44
Hello Ramon Casha,
I burst out in fits of laughter when I read your 16 word comment. It absolutely encapsulates the stupidity of this case. I'm waiting for a knock on the door from the police here in the UK because I use a council provided black biro for personal use. Lord above, it may be construed as aggravated embezzlement because 2 paper-clips fell into the turn-ups of my trousers as I left work! Ramon Casha, you have really cheered up an East Yorkshireman today with your succinct and highly intelligent/philosophical comment.
Thank you - common sense will prevail as I've mentioned in a previous posting.
Kind regards - I'm still chuckling at your comment, Ramon.
Richard Granville Scrowston.
Jaycee Sullivan
Sep 17th 2010, 11:49
Ramon, you're right. This whole case is a FARCE and a WASTE of tax-payers' money and the court's time. Matter-of-fact the court should proceed with charges against the cops for the court's time.
Ramon Casha
Sep 17th 2010, 10:33
I know someone who used a government-owned pencil to write a note in his personal diary.
albert leone ganado
Sep 17th 2010, 14:38
I opine that using a government biro to write in your own diary is a more serious case of misappropriation than using a public laptop for personal use .In writing you reduce the amount of ink in the tube and diminish its value whereas using a laptop leaves its value unchanged. Any lawyer's comment to elucidate ?
A more tricky case would be whether using a strip of government hygienic paper to blow your nose is misappropriation for it is not using it for its specific purpose.Perhaps a source of discussion in a lawyers' moot court.