Three men involved in a cigarette smuggling racket have landed an effective jail term and a hefty fine, while another two have been acquitted for lack of evidence.
Michael Borg, 43, from Paola, Anthony Cremona, 47, from Hamrun, Shannon Cauchi, 29, from Hamrun, Robert Agius, 34, from St Paul’s Bay and Paul Anthony Pisani, 47, from Safi stood accused of having conspired to smuggle thousands of contraband cigarettes ito Malta, thereby evading thousands of euros in duties.
Following a tip-off to the police, on the night of July 10, 2013 sea patrols tracked a fishing boat, the Blue Dolphin I, captained by Michael Borg as it headed from Gozo to St Paul’s Bay.
Once berthed at Ghajn Fekruna, the crew transferred boxes from the vessel onto a large white van, assisted by another two men who were waiting on shore and who sped away as soon as the police appeared.
The van, driven by Mr Cremona with Mr Cauchi seated as passenger, was later found in Sta Venera, with its boxes, covered in black plastic, still stowed inside.
Inside the boxes were 1,030,800 cigarettes valued at €29,870 with an Import Duty of €17,205 and liable to an Excise Duty of €145,487 and €34,661 by way of VAT.
Mr Borg, was arrested together with an Indonesian crewman. The sailor was later released from arrest, subsequently attending an identification parade wherein he singled out Mr Pisani and Mr Agius.
The two, along with Mr Borg and the occupants of the van, were charged over their alleged involvement in the contraband activity. Borg was separately charged with breaching fisheries regulations, while Mr Cauchi was separately charged with breaching a Probation Order.
Magistrate Anthony Vella observed that not only had the captain been arrested on the spot but his fingerprints had matched one of those found on the boxes loaded onto the van.
The van driver, Mr Cremona, had admitted to having hired the vehicle purposely to transport the cigarettes to Sta Venera, with the court concluding that his fellow passenger, Mr Cauchi, inevitably must have known of the nature of the cargo being transported.
However, as for the other two co-accused, the court observed that it had merely been the identification by the Indonesian sailor which had linked Mr Pisani and Mr Agius to the illicit activity.
When testifying in court, the witness had not made it clear as to whether he linked the two co-accused to the events of that night or whether he had sighted the two on other occasions. Moreover, his testimony had not been corroborated by further evidence, the court observed.
Whilst acquitting Mr Pisani and Mr Agius on the basis of insufficient evidence, the court declared the other three co-accused guilty condemning each to an effective jail term of three years and a fine of €488,077.86 each, part of which was owed to Customs by way of a civil debt.
Borg was additionally fined €379. The court also ordered the confiscation of the vessel as well as the contraband cargo seized by the authorities.
Assistant Commissioner Ian Abdilla and Inspector Yvonne Farrugia prosecuted.
Lawyer Arthur Azzopardi was defence counsel to Mr Pisani and Mr Agius.
Lawyers Veronique Dalli, Franco Debono and Alfred Abela were defence counsel to the other co-accused.