A magistrate concluded yesterday there was ample evidence to indict four Freeport workers accused of cigarette smuggling.
Magistrate Anthony Vella gave his ruling in the compilation of evidence against Roderick Borg, 32, from Qormi, Sebastian Zammit, 60, from Safi, Malcolm Zammit, 35, from Qormi and Christopher Calleja, 51, from Valletta.
They are accused of involvement in the theft of 10.5 million cigarettes that were in a container which disappeared from the Freeport for 90 minutes only to be returned without its contents. They are all pleading not guilty.
Mr Calleja is also charged with committing a crime that he was in duty bound to prevent as a security officer.
The Freeport’s head of human resources, Duncan Borg Myatt, testified yesterday that he had viewed CCTV footage showing the container being driven in the wrong lane.
“It was a transhipment, so it should never have left the Freeport. I looked into the matter and concluded that a stevedore, who was not authorised to do so, had loaded the container in question. When I saw this, I contacted [Police] Inspector [Rennie] Stivala.”
It was a transhipment, so it should never have left the Freeport
He said the Freeport computer system did not indicate there were instructions to move the container.
Based on information from the punch card number used to log in and out of the equipment system, the operator in question was subsequently identified as Mr Borg.
Police Inspector Carlos Cordina said under cross examination that the only person who could have written the entry in the paperwork was Mr Zammit. “He was seen on CCTV footage meeting Mr Calleja. The two Customs officers were interrogated and a statement was taken,” he said.
Defence lawyer Roberto Montalto asked why the prosecution was retaining the CCTV footage rather than exhibiting it in court.
He disagreed that the prosecution had brought enough proof to place the accused under a bill of indictment.
He insisted the prosecution was still unsure whether there had been one cigarette, 100, none or just filters. So far, the evidence produced by the prosecution indicated that a container had been moved irregularly, the lawyer added.
“What sort of duty was evaded? Who was robbed and of what? If one examines the reasoning behind the laws cited in the charges, the first job of the prosecution was to prove fiscal evasion, quantify it and say what items were involved.
“How did you decide they were cigarettes? Can the court decide on prima facie evidence when one cannot even be sure whether they were cigarettes or tins of tomato paste?” Dr Montalto asked.
Mr Stivala said the prosecution was in possession of documents it would present in due course.
Also appearing for the accused were lawyers Joseph Giglio, Edward Gatt and Veronique Dalli.