Two men have been cleared of the attempted theft of an aluminium structure after a magistrate gave more weight to their version and other circumstantial evidence than that of a police officer who says he caught them in the act. 

Magistrate Claire Stafrace Zammit found Alan Micallef, 40, and David Ellul Lanfranco, 31, both from Attard, not guilty of the attempted theft of an aluminium structure that was covering air conditioning units at the Transforma Clinic in Attard. 

The court heard Police Constable Robert Vassallo explain how he was driving through Attard at 5.30pm on January 20, 2011, when he saw two men acting suspiciously in the front garden of a house. 

He told the court he caught Mr Micallef with aluminium louvers in his hands but Mr Micallef  denied this from the outset, even telling the officer to take his fingerprints if need be. In fact, fingerprint samples were taken and a comparison revealed no matches. 

On his part, Mr Micallef told the court he went for a walk that day and met Mr Ellul Lanfranco who went to his cousin's house but did not find him there. At one point, nature called because it was very cold and he went into the garden to relieve himself. It was then that the officer approached him and told him he had caught him trying to steal the aluminium structure. 

Magistrate Stafrace Zammit ruled that the prosecution had not proven beyond reasonable doubt that the two men had been trying to steal the aluminium structure and therefore cleared them of the charges brought against them. 

Lawyers Michael and Lucio Sciriha appeared for the men.