A meat and poultry supplier failed to sustain claims that an employee cheated it out of more than €35,000 in sales, a judge ruled yesterday.

In 1999, Chef’s Choice Ltd filed an action in the First Hall of the Civil Court claiming Raymond Galea, one of its employees, had misappropriated €35,000 worth of merchandise he was supposed to sell on its behalf.

Mr Galea denied the allegations. The company had also filed criminal action against Mr Galea but he was acquitted of all charges in April 2003.

Mr Justice Joseph Micallef said that the party making any allegations had to prove them. Chef’s Choice was basing its action on the fact Mr Galea did not give an explanation when confronted about the alleged misappropriation; he did not sue for unlawful dismissal; and his behaviour after being confronted was compatible with guilt.

The only witnesses were Mr Galea and other company employees.

The court said the evidence indicated that, due to lack of staff, for a time the firm had not carried out regular sales reconciliation processes. Sales documentation was also missing.

Mr Justice Micallef concluded the firm had failed to adequately prove its case. Lawyers Shazoo Ghaznavi and Robert Galea appeared for Mr Galea.