A former Sliema councillor has been cleared of taking bribes from then mayor Nikki Dimech, after a Magistrates’ Court found that there was no ‘criminal pact’ between the two men.

Patrick Pace had been accused of having accepted bribes amounting to some €5,000 intended to influence his vote on council matters whilst serving on the Sliema Local Council.

The case dates back to between November 2009 and April 2010 when Mr Dimech, as mayor, had issued two cheques for €3,000 and €2,000 in favour of the accused, allegedly to induce him to vote in his favour.

READ: Ex-Sliema mayor is jailed for a year

When testifying in the course of criminal proceedings on charges of bribery, Mr Pace had persistently denied the allegations, declaring that the sums had been handed to him as a loan.

Outlining the time-line of events leading up to the investigations, the former councillor had explained how in 2009 Mr Dimech had offered to lend him €3,000 pending the payment of a regular ‘allowance’ which had not yet been issued.

Some four months later, the mayor offered to sign a second cheque for €2,000 when he learnt that Mr Pace was not in a position to refund the first payment.

In August 2010, while in Russia to wed his foreign girlfriend, the accused got to know that Mr Dimech was facing criminal prosecution and that a motion for his removal was to be tabled before the council members.

It was only then that Mr Pace recalled certain words spoken to him by the Mayor who had once told him “should you support me in council decisions, I'm willing to hand you some money.”

Upon his return to Malta, the accused had voted in favour of the motion, his vote proving crucial in view of the tie in the votes cast.

When charged in court, the accused had repeatedly denied any wrongdoing, insisting that he had always sought to do his duty without asking for or receiving any money in return, save for the €5,000 which had been given to him on loan, the court was told.

The accused strongly denied bribery, saying that he persisted with his duties even when faced with threats. Moreover, save in the case of a free vote, he had always voted along party lines.

Magistrate Antonio Micallef Trigona, observed that the prosecution had not presented sufficient evidence to contradict the version of the accused. Nor had it proved its allegations regarding votes concerning illegal tenders.

The offence of bribery involved a voluntary agreement between the public officer and an accomplice resulting in a ‘criminal pact.’ In the absence of evidence pointing towards such an agreement, the court cleared the former councillor of all charges.