Lawyers have questioned how legally possible it is to waive the criminal responsibility of consumers who bribed Enemalta officials to help them steal electricity, especially because the police had already started their investigations.

They argue that this amnesty is different to others, such as that on the payment of VAT penalties, as this case involves fraud, bribery and theft.

Prime Minister Joseph Muscat said on Sunday that those consumers who came forward, paid for the stolen electricity and a fine, would not be taken to court.

Sources said the fine would amount to 10 per cent of the amount of electricity stolen.

The initiative comes in the wake of the suspension of eight Enemalta employees following an investigation into the tampering of meters. Three have already been charged in court. One admitted it and was jailed for two years while the other two pleaded not guilty and were remanded in custody.

Several lawyers who spoke to Times of Malta on condition of anonymity argued that an amnesty like this was not possible once an investigation had already began.

Will the police drop the investigation altogether as if no crime had been committed?

One said that according to information that emerged in court during the arraignment of the employees last week, the police were investigating each and every consumer with a view to pressing charges.

“That means that an investigation has already started. Will the police drop the investigation altogether as if no crime had been committed?” he said.

Another lawyer added that the government was “treading on a very fine line” with such a measure.

However, another lawyer spoke of the possibility of allowing the consumers to seek protection through the Whistleblower Act so that they could be turned into witnesses against the masterminds behind this racket.

But although this was a possibility, he questioned whether these consumers could invoke this protection once the investigation had started, saying this was a legal point that would have to be debated in court.

Another point that needed to be debated was whether these consumers could be considered admissible witnesses since they were accomplices in the crime.

The Nationalist Party also hit out at the government’s decision, saying it was effectively granting an amnesty to 1,000 people who had committed a criminal offence.

In its statement, the PN questioned the government’s intentions to uncover corruption when it had decided to drop criminal action against those who had bribed Enemalta workers into installing tampered meters so they could pay 80 per cent less in electricity.

It said that while Enemalta regulations included the procedure to be followed for settlement of cases of theft of electricity, the crimes of corruption and bribery were different and fell under the remit of the police.

On its part, the Labour Party said in a statement that Opposition Leader Simon Busuttil was distancing himself from former Finance Minister Tonio Fenech who was denying political responsibility for the meter tampering cases which occurred under the PN government.

Mr Fenech yesterday filed a libel suit against Energy Minister Konrad Mizzi over claims he made during a radio programme on Saturday in which he claimed that Mr Fenech knew of the tampering of smart meters when he was minister under the previous administration.

Mr Fenech said that such allegations were untrue and aimed solely at tarnishing his reputation.

Special section set up

Enemalta yesterday invited customers who were aware of irregularities in their electricity consumption or in their electricity meters to contact it and regularise their position voluntarily.

The corporation said it had set up a special section to receive and process these requests.

Customers who would like to take this option and avoid criminal proceedings, or to request to regularise their position, can contact this section on 8007 2245 or by e-mail on reports.emc@enemalta.com.mt.

All information received by Enemalta will be treated in strictest confidence, the corporation said.