A man was cleared of defrauding his business partner after a court found he had proven his innocence to the level required by law.

Pierre William Buontempo, 38, of Santa Venera had been charged with defrauding Rossano Cuschieri of €23,300 and misappropriating the money between August 1999 and January 2000.

Magistrate Audrey Demicoli heard how the case was based on two conflicting versions of events.

Mr Cuschieri testified that he regularly held concerts to raise funds for charity. According to him, Mr Buontempo had approached him to enter into a business venture with him and organise an international music festival in Malta.

He said Mr Buontempo claimed he had music contacts in the UK and needed financial help to pay the foreign performers. Mr Buontempo, the witness added, persuaded him to go to the UK to meet with the person who would manage the event. However, when they went there, he never met this manager. Meanwhile, Mr Cuschieri said, he had made €23,300 in advance payments for the event that never took place.

Mr Buontempo denied this and insisted that Mr Cuschieri had lent him the money because he was passing through a difficult financial time.

He said Mr Cuschieri had borrowed money from two men and then passed it on to him. As Mr Buontempo struggled to cope with repayments, the two lenders started chasing Mr Cuschieri for their money. In an attempt to find a solution, they all travelled to a UK scrap yard because the two men wanted to invest in some machinery. The plan was that Mr Buontempo would pay for the machinery, he said.

Mr Buontempo exhibited documents, including one signed by Mr Cuschieri, showing that money he borrowed from the two men had been handed over to him.

On evaluating the evidence, the magistrate noted that Mr Buontempo had proven his case to the level of probability and, therefore, she cleared him of all charges.

Police Superintendent Alexandra Mamo prosecuted.

Lawyer Joseph Giglio appeared for the accused.