Two amateur fishermen were handed a suspended sentence and a hefty fine on Wednesday for attempting to smuggle into Malta some 390,000 cigarettes.
Vincent Xuereb, 44, from Għajsielem, and Noel Vella, 36, from Victoria, Gozo, were arrested in February 2013 after an AFM air patrol observed their suspicious manoeuvres at sea some 35 miles off Malta
A tip-off about possible smuggling of drugs or cigarettes had put the Armed Forces on the tail of the two men who had set sail on board the Sea Lioness, a fishing vessel registered in the name of a third party.
Personnel on board an AFM aircraft spotted and filmed the MV Golden Dawn, a vessel notorious for its past involvement in illegal operations, rendezvous with the Sea Lioness. A considerable number of boxes’ were transferred from Golden Dawn to the Sea Lioness.
The Golden Dawn then headed out to sea while the Sea Lioness turned back towards Malta.
The latter, with the two co-accused on board, was intercepted and escorted to Marfa where a search conducted by customs officers and the police led to the discovery of the contraband cargo hidden inside its hold.
The value of the ‘Business Royals’ cigarettes packed in 39 boxes and seven cartons, totalled €11,310, with excise duty thereon amounting to €51,480, import duty amounting to €6,514.56 and VAT totalling €12,474.82.
Magistrate Joseph Mifsud refused to believe claims that the accused had been ‘in transit’, out on a reconnoitring mission in search of a suitable ‘fishing spot.’
Why would two amateur fishermen travel some 35 miles out at sea and yet not try their hand at any fishing whatsoever, the court asked.
Moreover, it was observed that the men had carried no food or provisions on the trip, nor had they notified the authorities when leaving Maltese territorial waters.
All evidence on board the confiscated vessel indicated that there had been nothing related to fishing, the court continued.
Whilst declaring that the version of the accused was not at all credible, the court declared them guilty and handed down to each an 18-month jail term suspended for two years. Each of the accused was fined €173,983.68 of which €57,994 was to be handed over to the Customs Department.
Magistrate Mifsud lauded the crackdown by Customs on cigarette smuggling, “an abuse which ultimately affects society at large since the sums evaded by way of unpaid duty and taxes mean less resources to be spent on crucial sectors like health, education and welfare.”
The court ordered the confiscation of all the merchandise and a further sum of €23,000 instead of the seizure of the vessel involved in the illegal plot.