Two Gozitans have been ordered to perform community work by a court after being found guilty of handling stolen goods. However, both men were acquitted of stealing €25,000 worth of items from Kempinski resort in San Lawrenz.

The case dates back to April 2013, when Anthony Fenech, 38, from Victoria who worked as a handyman at the hotel, and Rodney Joe Farrugia, 26, from Għajnsielem were accused of stealing two watches including a gold Rolex, a Hermes bracelet, a wallet and cash from an apartment at the resort.

They were also accused of handling stolen items, and Mr Farrugia alone of breaching the conditions of a suspended sentence and relapsing. The two men were arraigned following a criminal complaint by the couple who owned the apartment.

The court heard that on the day when the items were rstolen, the couple had asked Mr Fenech to meet them at another property of theirs at Fort Chambray. They insisted that apart from the accused, nobody else was aware that they would be away from their Kempinski apartment. 

In his decision Magistrate Joe Mifsud acquitted both men of theft saying there was still a “lurking doubt” on their guilt, as not enough evidence had been produced.

As for the second charge, however, the court said that there was evidence that the two defendants had at one stage handled the stolen items. It noted that a  witness testified that Mr Farrugia had handed him €400 in cash which had been stolen from the apartment. In addition a police officer testified that Mr Farrugia had taken officer to a place called Ġebel l-Aħmar in Għajnsielem where he returned one of the watches and the bracelet.

Mr Fenech had even sent an email to the couple apologising for what he had done saying that at the time he was going through some problems.

In his considerations about punishment the court argued against an effective jail term saying both men had changed their life for the better and were in the process of being reintegrated in society.

For this reason it placed the two defendants on probation for three years. Mr Fenech was ordered to do 120 hours of community work while Mr Farrugia was handed a slightly harsher penalty with 150 hours as he was also found guilty of relapsing.

As for the breach of the suspended sentence committed by Mr Farrugia, the court said that the 18-month operative period of this punishment must start afresh.

Police inspector Frank Anthony Tabone prosecuted.

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