A man was yesterday cleared of misappropriating €16,000 from his mother due to conflicting evidence on whether the money had been given to him permanently or only for safekeeping.

Joseph Tabone, 44, always claimed that his mother, Carmela, had given him the money but the prosecution alleged it was given to him for safekeeping and had to be returned. Mrs Tabone has since passed away.

Magistrate Consuelo Scerri Herrera heard that the woman had filed a criminal complaint against her son in 2007 claiming that he was refusing to return the money she had given him.

She had told the court she inherited the sum and had given it to her son for safekeeping until she needed it. She asked her son to give her the money back on two occasions, the first time to buy her house and then to pay her bills.

The court was informed that the house had never been up for sale and that the woman had been urged to file the complaint by her other son, Luciano.

The landlord testified that eviction proceedings were under way against the latter.

In view of such conflicting evidence, the court said the misappropriation charge had not been proven beyond reasonable doubt and acquitted the accused.

Lawyers Michael and Lucio Sciriha appeared for Mr Tabone. Police Inspector Ivan Cilia prosecuted.