Ray Ferris, former Chief Projects Officer of Enemalta has been acquitted of all charges related to the oil procurement scandal.

The judgment by Magistrate Consuelo Scerri Herrera was given this morning.

The magistrate said the version of events by Mr Ferris was more credible than that by George Farrugia, the oil trader granted a presidential pardon to reveal all on the scandal.

Mr Ferris, 53, of Sliema had been accused of corruption, fraud and trading in influence in November 2008 and in the previous months. 

The prosecution had claimed that Mr Ferris accepted expensive silver ornaments and demanded cash to influence a tender adjudicating board. The gifts included a crystal and silver centre piece and two bonbonnières worth a total of €8,000.

Mr Ferris insisted he had demanded nothing and that it was Mr Farrugia who told him to take the items and give them to members of the adjudicating board to make sure he won a massive tender.

Mr Ferris told the police he did not know quite what to do but decided to take them.
Being a regular customer at Azzopardi Jewellers, he took the items there for a valuation and decided to part exchange them for a silver plate. He also recalled having to top it up with some cash.

In her 104-page judgment, Magistrate Scerri Herrera said the version given by the defendant was more credible than that given by the prosecution's main witness, George Farrugia.

She said it was evident that Mr Ferris at no point accepted to participate in any discussions related to the tender Mr Farrugia had wanted to speak to him about.

It iwas true that Mr Ferris accepted silverware as a Christmas gift but in no way could that be construed as corruption, "unethical as it may be".

Magistrate Scerri Herrera said the corruption charge was "possibly made in error" as none of the evidence backed up this charge because "at no point was it proven that Mr Ferris had offered anyone any advantage, neither directly nor indirectly".

Regarding the fraud charge, Magistrate Scerri Herrera said that none of the evidence presented in court proved this charge or, in the least, that Mr Ferris benefitted from anything, except for the Christmas gift "which does not fall within the parameters of this crime".

Moreover, she said that Mr Farrugia could not be described as a "victim" as the gifts he had given to Mr Ferris were given out of his own free will and without being asked for them or anything.

According to what Mr Farrugia told the police and eventually repeated in court, Mr Ferris had asked for €40,000 to influence the adjudication board. Mr Ferris always denied this, even in his statement when he had first been arrested. Even on this, the court said it was more prone to believing Mr Ferris than Mr Farrugia.

In view of the lack of evidence, Magistrate Scerri Herrera ruled that the prosecution had not managed to prove its case and therefore cleared Mr Ferris of all the charges brought against him.
 

http://www.timesofmalta.com/articles/view/20150325/local/enemalta-man-denies-trying-to-influence-oil-adjudicating-team.561260

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