The owner of an industrial garage was acquitted of having been in possession of fuel on which duty had not been paid, owing to an error in the writ of summons.

Criminal action was instituted against George Pace, 54, from Ħamrun, after an inspection by Malta Resources Authority officials at his garage/yard in Paola led to the discovery of some 1,050 litres of gas oil over which relative duty had not been paid.

The value of the fuel amounted to €762.24 over which unpaid customs duty totalled €401.52 while the relative VAT was €209.48.

In the course of the proceedings it was revealed that although the inspection had taken place in March 2010, the writ of summons indicated the year of the inspection as 2011.

The court, presided over by Magistrate Ian Farrugia, observed that no correction of the error had ever been requested. Whether it was a typing error or some other genuine mistake, the court could not ignore the discrepancy but was bound to abide by the date indicated on the official document.

According to the official charges set out in the writ of summons, there was no proof that the accused had been in possession of the undeclared fuel in the date as charged, which meant that he was to be acquitted of all charges.

Lawyer Mark Busuttil was defence counsel.