A businessman wept in court today as he described his concern when he found an envelope containing money that was not his in a safety deposit box at the Bank of Valletta branch in San Gwann.

He spoke emotionally about how the €40,000 he had deposited was important for the livelihood of his disabled daughter.

Earlier in the sitting, the court, presided by Magistrate Carol Peralta rejected a request to have the case heard behind closed doors.

Dr Tonio Azzopardi, appearing for the bank, said the bank wanted the case heard behind closed doors for security reasons.

But defence counsel Michael Schiriha and parte civile Gianella de Marco said the bank did not want publicity for its embarrassing security box mix up.

The businessman, retired photographer Anthony Mangion, testified that in April 2010 he had been given a safety deposit box at the Bank of Valletta branch in San Gwann where he placed €40,000. At the time the box was empty except for a pencil holder. 

But two weeks later, he was surprised to find an envelope containing US dollars in the security box, along with his own cash. He did not know who the dollars belonged to and feared losing his money given that somebody else had opened his security box.

He immediately reported the matter to the bank and rejected its offer for a new box.

The bank subsequently settled the matter with both parties privately and suspended the branch's cash custodian Gaetano Falzon.

But the matter came to the attention of the police after an anonymous letter sent to the prime minister.

The police are accusing Victor and Maria Xuereb (the other users of the security box) of misappropriating €40,000. The box had been in their possession for over 20 years. They are denying all charges.

Mr Mangion said he was never given an explanation of the mix-up by the bank but he confirmed that none of his money was missing.

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