Four Freeport workers charged with stealing a container loaded with millions of cigarettes have been placed under a bill of indictment.

Magistrate Anthony Vella gave his ruling during 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, who are pleading not guilty.

They are charged with the theft of the container with 10.5 million cigarettes worth €304,500 in August, leading to a loss of nearly €2 million in taxes.

Mr Calleja, who works as a security guard at the Freeport, is also charged with committing a crime which he was duty-bound to prevent.

Giving testimony this morning, the Freeport’s head of human resources, Duncan Borg Myatt said he had been shown CCTV footage of the container driven in the wrong lane as it left the freeport.

“It was a transshipment so it should never have left the Freeport. I looked into the matter and identified that one stevedore who was not authorised to do so, had loaded the container in question. When I saw this, I contacted Inspector Rennie Stivala.”

There was no order or instruction to move the container on the Freeport’s computer system.

“It should have never have left and never been loaded onto the gantry. The container was then loaded onto another truck and left the facility.”

Using information from the punch card number used to log in and out of the equipment system, the operator was subsequently identified as Roderick Borg.

During cross examination, lawyer Roberto Montalto asked inspector Carlos Cordina about his investigations into the paperwork relating to the container.

“The only person who could have written the entry in the paperwork was Mr Zammit. CCTV showed him meeting Christopher Calleja. The two customs officials were interrogated and a statement was taken. They had been shown film and pictures of the incident and I remember that there were some lists which had been shown to the two parties. There were at least seven pages of lists.”

Defence lawyer Robert Montalto, who appeared for Mr Zammit, questioned why the prosecution was holding on to the CCTV footage, instead of passing it on to the court and defence.

Dr Montalto contested the assertion that the prosecution had brought sufficient proof for an indictment.

He insisted there was no prima facie case against his client at all. At the close of the compilation of evidence today, the prosecution was still unsure if there was one cigarette, a hundred, none or just filters, he said.

“Mr Zammit was there by sheer coincidence - less than half an hour before he had not been aware that he was going to be working. So far the prosecution’s evidence indicates that a container was moved irregularly.

"What is the duty evaded on? 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, how much and of what. How did you decide they were cigarettes? Can I let the court decide on the prima facie when there is not even sure if they were cigarettes or tins of tomato paste?”

Inspector Stivala insisted that the prosecution was in possession of other documents that it would present in due course, while some 100 cameras had to be scrutinised by experts.

Dr Montalto said that what the defence and the court itself had been asking to see -the CCTV footage - had not been shown to them.

The court held that there was sufficient evidence for the accused to be placed under a bill of indictment. The trial continues next month.

Joe Giglio, Roberto Montalto, Edward Gatt and Veronique Dalli appeared for the accused.