A woman has been ordered by the courts to refund almost €13,000 and gold jewellery to the heir of her late aunt after it was established that she had taken the money and gold without her relative's consent.

Mr Justice Joseph Zammit McKeon delivered this judgment following an action filed by Pawla Camilleri against her neice Michelle Vella and the latter's husband, Gino Vella.

Ms Camilleri died in the course of the litigation and the case was continued on her behalf by her brother Giuseppi.

Ms Camilleri had told the court that she was an elderly woman living alone in her home in Luqa. Her niece, Michelle Vella, used to help her administer her belongings. But Ms Camilleri said that Mrs Vella had appropriated money and jewellery from her home while she was in hospital. She requested the court to order Ms Vella to refund the money and jewellery.

The Vellas pleaded their innocence and denied having appropriated the money or having defrauded Ms Camilleri.

Mr Justice Zammit McKeon referred to the affidavit submitted by Ms Camilleri in the course of the litigation.

Ms Camilleri said that while she was in hospital, Ms Vella had taken an authorised copy of her house key and had taken her jewellery. She added that Ms Vella had taken her to the bank to transfer Ms Camilleri's bank account on to her name. This was done so that Ms Camilleri would be able to receive illness benefits. But Ms Vella had not returned the money to her.

The court found that Ms Vella's version of events was not credible and that she had failed to exhibit a contract between the parties that she claimed had been drawn up showing that Ms Camilleri owed the Vellas money. This was a vital piece of evidence but Ms Vella had failed to provide it in court.

The court found in favour of Ms Camilleri and ordered Ms Vella to refund to Giuseppi Camilleri (as Ms Camilleri's heir) the sum of €12,996.18 together with the gold jewellery. The court, however, found that Gino Vella was not responsible and acquitted him of all liability.