A court has acquitted a restaurant owner of stealing €45,600 worth of electricity because the police were too late in filing the charges.   

The owner of Chez Gaetano Restaurant in Bugibba Square,  Gaetano Falzon, 64, of Santa Venera,  was charged in September 2013 - eight years after the case came to light during a surprise inspection by Enemalta.  

The theft of electricity allegedly took place between July 2000 and July 005.

During the court proceedings, Enemalta employees testified that the electricity meter at the restaurant’ had been tampered and a number of seals had been broken. The establishment was also being supplied by an unmetered electricity cable.

This was also confirmed by a court-appointed expert, who remarked that the unmetered cable was probably an inside job by an Enemalta employee, as it required the temporary suspension of the supply in the area.

The court also heard that the loss in revenue was estimated on the basis of the discrepancy in consumption during the five-year period in question, and the months after the abuse had been curbed.

The defence argued that the case had become time-barred as the charges in question carried a maximum three years imprisonment on conviction. In such circumstances, the case would become time-barred after five years.

Magistrate Consuelo Scerri Herrera noted that the prosecution had successfully proven the charges. However, it upheld the defence’s arguments saying that the nature of the charges did not carry a jail term exceeding four years, and consequently there was a five-year limit to arraign the defendant.

In view of the fact that the police filed the charges after eight years, the court abstained from taking a decision and consequently the man was acquitted.

Dr Gianluca Cappitta was defence counsel.