A thieving supermarket cashier was acquitted of defrauding the company because the police wrongly charged the woman with fraud not theft, a magistrate has ruled.

The woman, Katia Formosa Magro, 27, of Żabbar, had worked at Scotts Supermarket in her hometown and was caught failing to scan items brought to the till by her husband, mother and brothers over a period of a month.

Police charged her with defrauding the supermarket chain of between €230 and €2,300 between February and March last year.

However, during the compilation of evidence, while Ms Formosa Magro did not contest the fact that the crime took place, she contested the charge of fraud.

Magistrate Edwina Grima said the elements required by law for her to be found guilty of fraud did not result, adding that she should have been charged with theft instead.

Police Inspector Fabian Fleri prosecuted.

Lawyers Franco Debono and Marvin Camilleri appeared as defence counsel.