A “cardinal” and “unforgivable” mistake by a bank manager allowed two couples to have simultaneous access to the same BOV safety deposit box, with both claiming that the €40,000 inside it was theirs, a court heard.

One of the couples was cleared of defrauding the bank of €40,000 after Magistrate Carol Peralta questioned why police had taken action against that couple and not the other, given that the bank had accepted responsibility and did not file an official complaint.

The magistrate, who presided over the case against Maria and Victor Xuereb, heard how “chaos erupted” at the BOV San Ġwann branch when, in September 2010, it emerged that safety deposit box 79 Blue was being used by both couples – the Xuerebs and Mary Rose and Anthony Mangion.

The issue came to light when, soon after being assigned the box, the Mangions found American dollars in it that did not belong to them. They said their €40,000 was still in the box.

The Xuerebs, who had been making use of the box for about 10 years, received a phone call from the bank informing them about what had happened.

When the Xuerebs went to check the box they said their €40,000 was missing but their American dollars were still in the box.

Bank of Valletta recognised it had made a mistake and, given the good relationship it had with the Xuerebs, gave them the benefit of the doubt and refunded the €40,000. Meanwhile, the manager responsible for the mistake was demoted to supervisor.

In March 2011 – a year later – the Xuerebs were approached by the police. The Police Commissioner had ordered an investigation without receiving a request from the bank and the Xuerebs were charged with fraud.

Magistrate Peralta said he was “very worried” that the police investigated the Xuerebs – when the bank had given them the benefit of the doubt – and did not equally investigate the Mangions.

Police Inspector Joseph Mercieca prosecuted while lawyer Lucio Sciriha represented the Xuerebs.