A customer care official at Transport Malta (formerly the ADT) has been acquitted on appeal of having, as a public officer, contrived with another employee to issue driving licences to four individuals through the use of false declarations.

John Schembri, 49, was accused of having assisted four individuals to obtain driving licences by presenting false affidavits so as to bypass routine tests required by law. 

The court, presided by Mr Justice David Scicluna, observed that reference had been made before the first court to Frans Cachia, an employee of the Licensing Department who had allegedly collaborated with the accused in the issue of said licences. Yet no Transport Malta representative ever testified about this licensing officer and his official duties. 

The court noted that although the first court had found the accused guilty of having obtained the driving licences through false statements, no material proof was presented in court.

"What is particularly striking is the total absence of documents belonging to Transport Malta. The affidavits allegedly made by the four persons involved were not produced.......nor was any document produced to prove that the licences were issued in their regard and by whom." 

The court remarked that the official duties of the accused had nothing to do with the licensing office. When approached by the four individuals involved, the accused had simply referred them to the customer care and the licensing department. 

The court concluded that "in the absence of the best proof, namely documentary evidence " the criminal intent necessary to determine complicity in the alleged offence, was not sufficiently proved. Consequently, the court revoked the first judgment and acquitted the accused of all charges. 

Lawyer Arthur Azzopardi appeared for Mr Schembri.