A man charged with defrauding his mother in October 2004 was acquitted this morning after the court found the mother's version of event not credible.

The court heard that the mother, Jane Xuereb, had received money from The Treasury after her house was auctioned. Her son put this money in a joint account.

The mother said that when they opened the account her son Francesco Xuereb, 44, of Birkirkara, told her to sit down and not get up, while he spoke to the bank clerk.

Later, he asked her to sign two papers.

As they were leaving he put the bank papers in her lap and she realised the account he had opened for her was a joint one. She ran towards the bank's door and started shouting at her son asking him why he had opened a joint account and accusing him that he was going to take her money.

The witness was not cross examined on the issue because when she testified she was suffering from dementia.

They accused said his mother had told him to deposit the money in his name so that he could withdraw funds for her when she needed them.

The account address was his own because his mother was living with him.

Bank clerk Sarah Jane Cauchi testified that everything had happened normally and there had been nothing irregular about the opening of the account.

Magistrate Marsanne Farrugia said that had it been true that the woman had started shouting at her son near the door, somebody from the bank would have said something and action would have been taken.

Lawyer Mark Busuttil appeared for the Mr Xuereb.