A truck driver charged with trying to smuggle a Malian man to Sicily walked free after he convinced the court that he did it out of pity.

Two crucial factors in the acquittal were that Simon Haber, 30, had not requested for or received any payment from 31-year-old Toure Nuha and that they met by accident.

Mr Haber had only agreed to allow Mr Nuha on the truck he was driving after feeling sorry for him, Magistrate Edwina Grima said in her judgment.

The police started investigations after receiving an anonymous phone call alleging that a truck was boarding illegal immigrants near the Löwenbräu factory in Marsa and taking them to Sicily.

On August 4, 2010, police officers went to Grand Harbour where the Virtù Ferries boat to Sicily usually docked. As it had already left, they signalled to the captain to re-dock and in a search they found Mr Nuha in the cabin of Mr Haber’s truck.

Eventually, Mr Nuha pleaded guilty to failing to furnish immigration officers with the necessary travel documents and was jailed for six months. He told police that he was meant to pay Mr Haber €1,300.

Testifying, Mr Haber, from St Paul’s Bay, said he found out he was driving the truck just hours before he boarded the boat. When he was driving close to the Löwenbräu factory, Mr Nuha waved him down and begged for a lift to the ferry. He felt sorry for the man and obliged.

The defendant said he went to the ticket office to pay Mr Nuha’s fare and on his return he found the Malian had left the truck. He therefore drove the vehicle onto the boat.

Yet when it was called back, police found Mr Nuha in the truck cabin.

In his own testimony, Mr Nuha changed his version and corrobor-ated Mr Haber’s account, confirming they never discussed payment and Mr Haber never asked for any.

Magistrate Grima said the evid-ence clearly indicated that Mr Haber’s actions did not constitute the elements at law to prove guilt when it came to human smuggling.

Joe Giglio and Steve Tonna Lowell appeared for Mr Haber.