The owner of a Ħamrun bar and four patrons were cleared of illegally betting after 10 years of criminal proceedings – featuring five prosecution witnesses – failed to “provide substantial proof which the court could rely upon”.

Mario Gauci, 50, from Mqabba, together with Carmelo Cassar, 31, of Żurrieq, Alfred Pace, 48, Jason Gauci, 45, and Lawrence Anchilleri, 67, all last three from Ħamrun, were cleared of all criminal liability in two separate judgments handed down on Wednesday.

The men had been targeted by criminal prosecution following a police raid at a Ħamrun bar back in October 2007 where officers had come across a number of patrons watching horse races with a French running commentary on two television screens.

Books and papers bearing figures indicative of football pools had been retrieved by the police during the raid but had never been exhibited in court.

Two of the men had been using a laptop linked to two betting websites, the prosecution had claimed, without, however, exhibiting the computer and the cash elevated from the bar throughout the proceedings.

These shortcomings were pointed out by the court, presided over by magistrate Natasha Galea Sciberras, who observed that when the police chose to press charges, one would reasonably expect them to bring forward adequate proof.

Proceedings had dragged on for 10 years, a delay certainly not solely attributable to the prosecution, the court observed, adding that in all this time only five witnesses had been summoned by the prosecution, four of whom were police officers.

These witnesses had provided “no substantial evidence upon which the court could rely,” the court declared, remarking that such witnesses were expected to prepare themselves well before testifying.

In the light of all evidence put forward, the court concluded that there was insufficient proof of the illegal gambling allegedly taking place at the bar, with the mere presence of the men there, watching horse races on television and a laptop linked to horse racing websites, deemed insufficient in terms of law.

The laptop had never been exhibited, the sergeant from the Cybercrime Unit had never testified and no court expert had been appointed to analyse the seized computer, the court observed, clearing all five of all criminal allegations in their regard.

Lawyer David Gatt was defence counsel.