A clerk who was sentenced for two years in prison over a nautical licences scam had the term suspended for three years on appeal.

Ivan Muscat, 38, of Żurrieq said he was “a puppet on a string” and a victim of the behaviour of his boss, John Farrugia, who headed the small ships section at the then Malta Maritime Authority.

Both Mr Muscat and Mr Farrugia had originally been charged with involvement in organised crime, accepting bribes and forging documents on and before June 2007.

During the compilation of evidence, Police Inspector Ian Abdilla said an official from the regulator had reported irregularities in the nautical licences issued.

According to regulations, a person in charge of a sea vessel with an engine that exceeded 100HP had to have a nautical licence. Usually, such applicants attended a 15-day course in basic seamanship at the Malta College of Arts, Science and Technology, which cost €116. Once they completed the course, they were awarded a certificate that was required to apply for the nautical licence against a €23 fee.

The officer told the court that an internal audit at the small ships section revealed a discrepancy between the number of Mcast certificates and nautical licences issued. Investigations, he said, led to Mr Farrugia who told the police he got involved three years earlier and had filled about 400 false certificates.

He processed applications without the authentic Mcast certificate for €46 each.

He was a puppet on a string

Mr Farrugia also told the police Mr Muscat realised there were irregularities and he told him to turn a blind eye, which he did.

The Magistrates’ Court cleared Mr Muscat of organised crime but found him guilty of accepting bribes, defrauding Mcast and committing crimes he was in duty bound to prevent as a public officer.

He appealed and Mr Justice Michael Mallia agreed that Mr Muscat could have succumbed to pressure to do what his boss said. However, one could not ignore the fact that he accepted €116 a month from his boss to close an eye.

The judge suspended the jail term and upheld a request by the Attorney General to order Mr Muscat’s general interdiction and the confiscation of any money obtained illegally.

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