Lawyers representing four men charged with their alleged involvement in the theft of a container laden with more than 10.5 million cigarettes strongly complained in court today that CCTV footage on which witnesses were testifying had not been presented as a evidence in court and neither had a copy been given to the defence.
The objections were raised when one witness after another testified on the footage they had been shown by the police during their investigations into the disappearance of the container from the Malta Freeport on August 7.
They were testifying in the compilation of evidence against haulier Malcolm Zammit, 35, from Qormi, security officer Christopher Calleja, 51, from Valletta, customs officer Sebastian Zammit, 60, from Safi and Freeport employee Roderick Borg, 32, from Qormi.
The four men are accused of being involved in the theft of a container loaded with cigarettes which went missing for 90 minutes from the Freeport, only to be returned back without its contents. All of the men have denied the charges.
As the compilation of evidence against the two men continued before Magistrate Anthony Vella, lawyer Joe Giglio complained that a witness, Carol Muscat, was testifying about the CCTV footage he had been shown by the police. He objected to the way the prosecution was handling the case.
"So the prosecution is producing witnesses to testify about the footage they had seen on what had happened that day when the footage has not even been presented as evidence in court and when the defence has not yet been given the opportunity to watch the footage," he said. "Court proceedings should not be done this way," he added, as he asked the presiding magistrate to give the case some direction. Other defence lawyers also expressed their frustration at the situation.
Prosecuting officers Carlos Cordina and Rennie Stivala said the footage was currently being examined by a court appointed expert. Once it was analysed, it would be presented as evidence in court, they said.
But another defence lawyer, Roberto Montalto, complained that witnesses were being asked to testify on what they had seen on the footage, making their testimonies an interpretation of the footage.
When Mr Muscat continued his testimony, he explained the procedure adopted when empty containers are leaving the Mslta Freeport. He said trucks carrying empty container should pass through lane three, and security officers take details of the truck including the driver's name and registration number. The container was then opened to ascertain that it was empty.
Mr Muscat said the footage showed that the security officer, who at the time was Mr Calleja, one of the defendants, did not open the container as was usual practice.
But when pressed under cross examination, Mr Muscat said he had not witnessed the incident and was testifying on what he had seen in the footage.
Another security officer, Anthony Chetcuti, testified that on the day in question, Mr Calleja had asked to remain at the security desk as he was not feeling too well.
The case continues on September 17.
Lawyers Edward Gatt, Veronique Dalli and Dean Hili also appeared for the accused.