An Enemalta worker charged with stealing electricity has evaded charges of failing in his duties as a public officer, unlike his colleagues who were arraigned for a similar offence earlier this year.

Louis Attard, who was suspended from his job at Enemalta’s accounts department, was last week charged with stealing €2,329 worth of electricity from his home in Mosta and of bribing a public official to commit a criminal act.

However, the prosecution decided not to include the charge relating to his duties as a public servant, which ­– in the case of a conviction – could mean a stiffer punishment.

When asked for an explanation, the police said they were not in a position to comment as the case was under way.

They added that “one should note that the charges brought on arraignment by the police need to be based on law and supported by evidence gathered during the investigation of that particular case”.

Normally the police would issue the highest level of charges possible and then let the court decide

A criminal lawyer pointed out to this newspaper that, although it was up to the prosecution to issue charges, it was a subjective exercise.

“Still, normally the police would issue the highest level of charges possible and then let the court decide,” he said.

Earlier this year, when the smart meter tampering scandal came to public attention, Mr Attard was described in Parliament by the Opposition as the mastermind behind the electricity scam.

The Nationalist Party also said he was “very close” to Energy Minister Konrad Mizzi. Dr Mizzi had denied the claims.

When asked about the case, Dr Mizzi’s spokesman said: “The minister never exerted any pressure or intervened in any way.”

He said Mr Attard was never Dr Mizzi’s canvasser and had no connection with him.

“Mr Attard, together with other employees, is still suspended pending ongoing police investigations and ongoing court procedures,” he added.