A man charged with carrying out an armed robbery on a small grocery shop, after he was linked to stolen mobile phone top-up cards, was yesterday acquitted after the police failed to prove its case.

Manuel Cachia, 27, from Żabbar, was charged with carrying out the hold-up in June 16, 2006 after the police managed to track down two brothers who had made use of two stolen top-up cards.

They were allegedly stolen from the Benbuy Mini Market in Marsascala during the robbery.

The brothers, Dylan and Brian Vella, initially told the police they had purchased the cards from the accused but when taking the witness stand in November 2008 they did not remember whom they had bought them from.

Brian Vella in particular testified he would change mobile phone numbers frequently and would buy top-up cards from many different people. Magistrate Audrey Demicoli said there was nothing linking the accused to the crime except that the owner of the shop, Benny Gatt, had said one of the men had hazel eyes.

Although Mr Cachia did in fact have hazel eyes this was not enough to declare him guilty.

The police did not exhibit the serial number of the stolen cards either and because there was no proof they were used on the mobile phones belonging to the brothers, Mr Cachia could not be found guilty of peddling stolen goods.

She acquitted him of all charges.