Lawyers defending four workers accused of cigarette smuggling have complained that CCTV footage of the theft had yet to be exhibited in court or handed to the defence.
The objections were raised when one witness after another referred to the footage they had been shown by the police during their investigations into the disappearance of a container from the Malta Freeport on August 7.
The four men are accused of being involved in the theft of a container loaded with 10.5 million cigarettes which went missing for 90 minutes from the Freeport, only to be returned without its contents. All of the men have denied the charges.
The defendants are 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.
As the compilation of evidence against the men carried on before Magistrate Anthony Vella, lawyer Joe Giglio complained witnesses were testifying about the CCTV footage they had been shown by the police. He objected to the way the prosecution was handling the case.
“The prosecution is bringing witnesses to testify here about the footage they had seen on what 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.”
Court proceedings, he added, should not be conducted in this way. Other defence lawyers also expressed their frustration at the situation. Prosecuting officers Carlos Cordina and Rennie Stivala replied that the footage was currently being examined by a court-appointed expert.
The objections were raised when one witness after another referred to the footage they had been shown
Once it had been analysed, it would be presented as evidence in court. But another defence lawyer, Roberto Montalto, complained that witnesses were being asked to testify on what they had seen in the footage, making their testimonies an interpretation of it. Carol Muscat, a deputy senior security officer, testified about the procedure adopted when empty containers leave the Freeport.
He said trucks carrying empty containers should pass through lane three, where security officers take details of the vehicle including the driver’s name and registration number and then open the container to ascertain that it is 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. 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 will continue on September 17. Lawyers Edward Gatt, Veronique Dalli and Dean Hili also appeared for the accused.