A San Ġwann baker who fatally shot his brother-in-law in 1998 but walked free after jurors ruled he had acted in self-defence, has been convicted of the theft of €55,000 in electricity.
Martin Mifsud, 52, was found guilty of having tampered with the electricity meter at Martin’s Bakery in Mensija Street, San Ġwann. He was jailed for a year, suspended for two years, and ordered to pay an additional €200 in court expenses.
The theft took place between October 2000 and October 2005 but criminal proceedings against Mr Mifsud only began in 2008.
The court heard Enemalta senior tradesman Joseph Zammit testify how the rigged meter was discovered during a surprise inspection at the bakery in October 2005.
He said that he had found that the three-phase meter was only registering consumption on one of the phases.
Mr Zammit said he had found two seals that had been tampered with.
A corporation employee, Alan Chetcuti, told the court that the meter was registered on Mr Mifsud in June, 1996.
According to previous consumption patterns, the corporation estimated that the amount of electricity under-registered by the meter amounted to €54,354.
Magistrate Consuelo Scerri Herrera, who inherited the case last year, heard Mr Chetcuti testify last April how Mr Mifsud had approached Enemalta Corporation to agree on terms to pay back the amount of electricity he had stolen.
He was jailed for a year, suspended for two years, and ordered to pay €200
In view of an agreement that had been signed, he said the corporation was no longer interested in the outcome of criminal proceedings as the amount due was being collected in instalments. In her judgment, the magistrate noted how Mr Mifsud never admitted the charges, even though the criminal case started over seven years ago.
She also pointed out that it was only on her insistence that Mr Mifsud approached the corporation to repay the amount due.
She considered Mr Mifsud’s criminal record that included 11 convictions on various crimes.
He had been found guilty of having caused slight injuries, breaching the peace, receiving stolen goods, crimes related to breaches of traffic regulations and other related to violations of employment and tax laws. He had been given several probation orders and fines.
On the other hand, she considered that the corporation had renounced to the criminal proceedings and the fact that Mr Mifsud had now assumed his responsibilities for the theft.
In February 2003, Mr Mifsud had walked out of court free after a panel of jurors had cleared him of murdering 25-year-old Julian Zammit in a shooting on March 11, 1998. The jurors had returned a unanimous ‘not guilty’ verdict after upholding his self- defence plea.
They had heard how Mr Mifsud said he shot Mr Zammit out of fear after brothers Julian and Stephen Zammit stormed into his bakery following an argument over some money that had earlier gone missing. The victim had been found lying face down in the store with a deep wound to his back.