A Gozo court has cleared the managing director of Jubilee Foods of mislabelling and selling substandard honey after the Department of Agriculture failed to follow correct handling procedures.
The case dates to January 2011 and the preceding months when Alexander Scicluna, 49, was accused of using misleading labelling and packaging and of selling substandard honey with lower diastase levels (a group of enzymes which catalyses the breakdown of starch) than those permissible as well as low levels of fructose and glucose and high levels of sucrose.
The case came to light when complaints were made to the Department of Agriculture that honey falsely marked as "Gozo Pure Honey" was being sold.
Two department officials inspected the Jubilee Foods outlet at the Gozitano Complex in Xewkija. A jar of honey was later inspected and found to contain impure honey.
The court noted that the sample taken by the Agriculture Department was not done according to procedure. The jar taken for testing was not sealed.
The prosecution failed to bring forth evidence which proved beyond reasonable doubt that the container remained in exactly the same state as when it was first taken from the Jubilee Foods outlet.
Agricultural chemical specialist Everaldo Attard explained that, according to procedure, the Department was supposed to have divided the sample into three portions - one portion to be handed to the specialist, the second should have been returned to the seller and the third should have been kept in a safe place by the department as backup to the first sample.
Prosecuting officer Josric Mifsud testified that the sample had never been handed to the police but remained in the possession of the officials.
It turned out that the accused had nothing to do with the production of the honey - he had been informed by the supplier that the honey was pure and he had taken his word for it.
Moreover, the jar taken by the officials was not labelled.
The court rapped the officials conducting the inspections, noting that proper training in following the procedures was required. They also needed the support of law connoisseurs to help them decipher complex procedures. It was in the interest of consumers that such officials were vigilant and conscientious in their work, Magistrate Joe Mifsud noted.
The police should also ensure that, while investigations were being carried out and before any criminal charges were pressed, there should be enough evidence to find the accused guilty beyond all reasonable doubt.
The consequences on the commercial reputation of the accused could be serious, the court noted gravely, as the accused had to wait five years for justice to be served.