Three former Enemalta employees who had been convicted of stealing jet fuel oil were yesterday cleared because of lack of evidence.

An Appeals Court ruled the statements they gave to the police prior to their arraignment were taken without them being granted access to a lawyer and, therefore, should not be taken into consideration.

Michael Attard, Joseph Farrugia and Carmel Gatt, who used to be employed as plant operators with Enemalta, had been found guilty of stealing jet fuel directly from the corporation’s Ħas-Saptan supply pipeline in 2006.

Last year, Magistrate Saviour Demicoli handed down a two-year jail term suspended for four years and fined them €4,300 each.

Mr Justice David Scicluna upheld one of the arguments made by the defence team that the statements were anti-Constitutional and were taken in breach of their right to access to a lawyer.

He ruled that once the statements were removed, there was no evidence on which they could have been found guilty. Therefore he cleared them of all the charges.

Police Inspectors Raymond Cassar and Geoffrey Azzopardi prosecuted. Kris Busietta, Edward Gatt and Matthew Brincat appeared for the men.