Notary Peter Falzon has been handed a suspended sentence after being found guilty of misappropriating €19,275 over a period of four years between 2008 and 2012.
Passing judgment on the matter, Magistrate Consuelo Scerri Herrera said that Dr Falzon’s crime cast a dark shadow over the notarial profession.
The case was first flagged by lawyer Ian Spiteri Bailey in the name of his client Carmel Mallia, who had filed a complaint asking the police to investigate Dr Falzon.
Mr Mallia has passed the notary €2,215 to pay for the stamp duty and taxes due for a property transaction of a boathouse at Santa Marija estate. He subsequently learnt that the sum had not been paid.
Mr Mallia had attempted to contact the notary, sending him two letters in December 2012 and in January 2013 asking him to regularise his position but these went unheeded.
In 2013, another client of the accused by the name of Angelo Ebejer had filed a complaint with the Economic Crimes Unit, stating that he had purchased a Ħamrun property three years prior.
He had paid Dr Falzon €2,295 as stamp duty and €3,213 in taxes so that the accused could then register his contract.
Mr Ebejer had later approached another notary over other business and had showed him the contract. The notary informed him that the contract was not binding because it had not been registered.
A third report had been filed by Mark Farrugia, who had passed Dr Falzon the sum of €2,608 as stamp duty and €8,944 in taxes for a Santa Venera property he had bought. The contract was once again not registered.
Dr Falzon testified that he had been going through a difficult period, since his wife had been ill and had been receiving treatment abroad. He said he had accompanied her between 2009 and 2010 and, as a result, had fallen behind his work. He then returned in 2011 after a European Arrest Warrant was issued.
Dr Falzon stressed that he never used the money for other purposes and that he had kickstarted the process to register the many contracts which had accumulated. He added that the situation was made worse after his mother passed away.
The court condemned his behaviour and said that the fact that he had been going through a difficult time could not be factored in when sentencing him for his crimes.
He was sentenced to two years imprisonment suspended for four years. The court also ordered a copy of the judgment to be sent to the notarial council to decide whether his warrant ought to be revoked.