A guns and cartridge dealer from Rabat has been cleared of conspiring to export over 80,000 rounds of ammunition to Libya, allegedly intended to be used against civilians.

He was also cleared of exceeding the statutory limit of stored ammunition but was slapped with a fine for failing to keep an up-to-date inventory of arms and ammunition.

Michael Azzopardi, 59, the owner of a firearms store in Rabat, landed in hot water over a deal which took place in August 2012 when he had first received a call from a male purchaser, with an Arab accent, who placed an order for 450 boxes, totalling some 112,500 cartridges.

The negotiated price at €8.65 per box meant that the accused would pocket some €38,900, which sum was eventually paid in cash against the issue of a regular VAT receipt.

This payment was made by Mark Agius, the Maltese national who traded with Khalil Sadegh Arrust, the Arab purchaser, and who had handled the intended shipment of the ammunition to their final destination in Libya.

The firearms dealer had effected two withdrawals from Fort Mosta, the government arms depot and transported the merchandise to a freight-forwarder in Għaxaq which, however, refused to handle the shipment of the cartridges.

Another freight-forwarder was called in by Mr Agius and customs officials intervened when the consignment was being loaded in a yard at Tal-Ħandaq in August 2012.

During criminal proceedings against the arms dealer, the court heard how, following a tip-off, the police had unearthed some 107,525 Bornaghi cartridges hidden inside pallets, cover loaded with energy drinks meant to be shipped to Libya on board a vessel.

The arms dealer was accused of participating in a conspiracy to commit a crime, selling ammunition to a person who did not possess the necessary licence, storing more than the statutory maximum of 12,000 bullets, trading with Libya and failing to keep an inventory according to law.

In a 62-page long judgment, the court, presided over by magistrate Consuelo Scerri Herrera, observed that the prosecution had failed to prove that the accused knew that the merchandise was intended for export.

None of the numerous witnesses summoned made any declaration in this sense. Moreover, the export documents had been issued in the name of Mark Agius and the accused had not even been present in the Qormi yard where the loading was taking place, the court noted.

The prosecution had also failed to bring evidence as to whether Mark Agius and the Libyan purchaser held a firearms licence.

The court noted that, following the accused’s arraignment, the law had been amended increasing the maximum storage limit by licensed traders from 12,000 to 250,000 rounds of ammunition, which meant that the amendment favoured the accused.

Neither was there any proof of a connection between the accused, the Arab purchaser and the Libya, the court concluded, acquitting the arms dealer of all charges except of that of having failed to keep an inventory as required by law, imposing a fine of €1,164.

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