Expert in odometer tampering case says he cannot pinpoint individuals behind fraudulent activity

A digital forensics expert tasked with examining a selection of imported Japanese used cars suspected of odometer tampering has testified that he couldn't determine the specific individuals responsible for the alleged fraudulent activity.

MaltaToday had revealed in an exclusive investigation that hundreds of people were cheated in racket involving tampered mileage on Japanese second-hand car imports.

Cars bought from Japanese bidding markets on the cheap because of their high mileage, would then be sold in Malta with the dashboard gauge showing low mileage.

An exercise carried out by MaltaToday on a sample of 18 cars flagged by multiple industry sources, shows discrepancies ranging between 30,000km and 130,000km between the original mileage and the one registered in Malta.

Keith Cutajar, who had been appointed by the court for this purpose, told Magistrate Rachel Montebello on Monday that some of the devices seized by cybercrime authorities during searches related to the suspected odometer fraud could be used for multiple purposes and could be operated by anyone.

Cutajar was testifying in the compilation of evidence against car importers Roderick and Alison Vella from Żabbar and Alexander Spiteri from Mellieħa, who are pleading not guilty to charges of money laundering, fraud, and involvement in a criminal conspiracy.

Previous proceedings revealed that a Transport Malta internal investigation, and the subsequent magisterial inquiry, had revealed hundreds of vehicles that had been sold by Rokku Auto Dealer, owned by the Vellas, and by Alexander Auto Dealer, owned by Spiteri, to have had their mileage counters reduced by up to 110,000 kilometers.

Cutajar presented the court with a 600-page report, which he had compiled with the help of two other experts.

Amongst the electronic devices handed over to the expert for inspection by the police were 81 USB drives, twelve mobile phones, eight computers and two diagnostic tools called OBD connectors, which apart from legitimate vehicle diagnostics, can also be used to modify a vehicle’s data, including its mileage.

Initially identifying around 480 vehicles, Cutajar had recommended inspecting a subset of approximately 50 to 60 vehicles at the police lot in Ta’ Kandja. 46 vehicles were found to have tampered mileage. A subsequent batch of 34 vehicles were scheduled for inspection at a later date.

Cross-examined by defence lawyer Franco Debono, Cutajar said that the nature of the devices seized did not provide conclusive evidence of who conducted the tampering, because they lacked user-specific authentication. The witness also stressed that while OBD connectors had lawful applications, they were also a risk of them being misused to alter data.

The court also heard the testimonies of two customers who had purchased Toyota Vitz models from Rokku Autodealer, both of whom later discovered discrepancies between their vehicle’s official documents and the recorded odometer readings. One customer received a settlement offer of €1,500 after purchasing the car for €8,900, while another settled for €1,000 after purchasing his car for €5,500.

The case, presided by Magistrate Rachel Montebello, continues.

The prosecution is being conducted by lawyers Etienne Savona and Marthese Ellul Grech from the Office of the Attorney General. The defendants are being assisted by lawyers, Franco Debono, Jason Azzopardi and Marion Camilleri.