The editor of Homeworks magazine was yesterday acquitted of divulging trade secrets and misappropriating nearly €1,000 after a magistrate said she doubted whether client lists constituted a trade secret.
Lisa Borain, 33, of Swieqi was charged in November 2002 after the police received a complaint from jewellers Jos Debono, Pavillion, Edwards Lowell, Time International and L’Orafo accusing her of having passed on their client lists to third parties.
Ms Borain had been employed to organise a luxury fair in which the five companies took part and they gave her their client lists to send out invitations. A year later she organised another exhibition for Diamonds International and Classic Jewellers and invitations were also sent to the clients of the five companies, spelling mistakes and all.
Ms Borain said she had drawn up her own lists by taking the details of the guests who attended the first exhibition to assess the sort of people present. As a matter of professional courtesy, she had not divulged the original lists.
Furthermore, she said she even passed on her compilation to the five companies.
Magistrate Audrey Demicoli said the prosecution had failed to prove she had misappropriated the money as this was payment for a service rendered. She, therefore, acquitted her of that charge.
The magistrate added she had her doubts whether client lists could be deemed trade secrets and, even if by any stretch of the imagination they were, by law Ms Borain still could not be found guilty because the prosecution failed to prove that she had, in fact, passed them on.
Lawyers Stefano Filletti and Suzanne Agius represented Ms Borain.