The Labour Party’s former electoral commissioner called a voter two days before the 2013 election to meet him next to the Gżira Orpheum so he could give him his voting document, a magistrate heard yesterday.

The voter filed a complaint after Joseph Falzon failed to explain how he was in possession of his voting document for the general and local council elections.

Police inspector Tony Cachia was testifying during the compilation of evidence against Mr Falzon, 57, from Sliema, who was charged with the unlawful possession of the voting document belonging to Sliema resident Benedict Grech.

Police officers Roberto Magro, 42, of Sliema and Daniel Busuttil, 39, of Mosta, who were responsible for the distribution of voting documents, stand charged with giving the vote to someone other than the voter. They were also charged with committing a crime they were duty-bound to prevent.

All three pleaded not guilty to the charges brought against them.

Mr Grech had gone to pick up his voting document only to be told it had already been collected

Mr Cachia explained how he began investigating a letter referred to the police by former Chief Electoral Commissioner Saviour Gauci in which Mr Grech claimed he had gone to pick up his voting document on March 7, 2013, only to be told it had already been collected. The signature next to his name was not his.

Mr Grech claimed that while he was outside, he received a call from Mr Falzon to meet him next to the Gżira Orpheum for his voting document.

The two met and Mr Falzon could not justify how he ended up in possession of Mr Grech’s document, prompting him to file a written complaint with the Electoral Commission. Mr Cachia said Mr Falzon and the police officers who were tasked with the distribution of voting documents were called in for questioning.

While Mr Falzon refused to answer any questions, the police officers denied they had given voting documents to third parties but could not explain how the documents had ended up in Mr Falzon’s hands. Mr Busuttil, who was distributing voting documents for the general election, said it was impossible that the documents had been collected by someone else. He said he knew Mr Falzon as the coordinator of the Labour Party in Gżira.

Mr Magro said the documents could have been distributed from the Sliema police station after they left. Mr Cachia said the police had also consulted the Attorney General on the matter. Mr Gauci testified that Mr Grech had gone to speak to him about his voting document. He received the written complaint on March 7, two days prior to the election, but was too busy to see to it. He referred it to the police a week later.

George Saliba, from the Electoral Commission, said Mr Falzon was not authorised to collect any votes on anyone’s behalf and the Commissioner of Police or his representative was the only authorised person for the distribution of votes.

Magistrate Josette Demicoli postponed the case to April, when Mr Grech is expected to testify. Police inspector James Grech prosecuted. Lawyers Stefan Zrinzo Azzopardi and Jason Grima appeared for Mr Falzon and Mr Magro, while lawyer Joe Giglio appeared for Mr Busuttil.