Pictures from closed circuit cameras which captured two men stealing scrap metal were not enough to secure a conviction because the face of the accused was not recognisable, a magistrate ruled yesterday.

The footage and stills recorded two men outside the gates of a scrap metal yard in Luqa on April 15, 2008. One of them is seen jumping over and grabbing items on the floor and taking them to the gate, where the two then run off with the loot.

The police however only charged 36-year-old Kenneth Ellul with the theft as the owners of the yard, Paul and Charles Cremona, said they had recognised him because he often went there to sell scrap metal.

When the police searched his car they found copper and pieces of wire. Later they also found out that the day after the theft, Mr Ellul had sold 700 kilogrammes of copper to Borda Urpani dealers.

When they testified, the Cremonas gave contrasting versions of how much was actually stolen, with Charles calculating it at 450 kg of metal and Paul claiming one ton, Magistrate Doreen Clarke said.

Mr Ellul denied his involvement, saying the items found in the car were his own and that he was trying to make a living by selling scrap metal.

Magistrate Clarke said the only evidence that allegedly tied the accused to the crime was the footage, however, his face was not clear, although the person in the video and the accused seemed to share the same stature.

But she said she could not find him guilty beyond all reasonable doubt and acquitted him.

Lawyer Mark Busuttil appeared for Mr Ellul.