Aircraft maintenance company representative found guilty of taking the law into his own hands

A German representative of an aircraft maintenance company who ordered employees to remove engine components from an aircraft belonging to a non-paying customer has been found guilty of taking the law into his own hands.

Alexander Ferdinand Vit, an employee of M.C.M. Ltd, was found guilty of having exercised a pretended right when he removed two electrical generators worth €7,272 from a Libyan Air Ambulance in February 2015.

Magistrate Aaron Bugeja, deciding the case, considered that the accused had known that his company had an outstanding financial claim against the owners of the aircraft in question and had “unilaterally decided to take matters, and consequently the law, in his own hands in order to try to force the hands of the aeroplane's owners to come to terms.”

The court had been shown evidence that although Vit had filed judicial action against the aircraft's owners, before doing so, he had given orders to his employees to employees to dismantle the aeroplane's engine generators, in the knowledge that this would result in the aeroplane being grounded.

The man's unilateral action had deprived the injured party of their ability to operate the aeroplane, said the court, and had been done to force the owners of the aeroplane to come to a settlement with his company, in the knowledge that the outstanding debt had been over works which had nothing to do with the removed engine components.

In a scholarly judgement which cited influential jurists and explained the historical background to the crime, as well as its components under current Maltese law, the court noted that all the requisites of the crime of exercising a pretended right, or ragion fattasi were present in this case.

The second charge, that of criminal damage, was not proven however, as no evidence of direct damage to the aircraft as a consequence of the accused's actions was exhibited.

Taking into account the circumstances of the case, its nature and Vit's character, the court said it was of the opinion that it would be “inexpedient to inflict punishment” and conditionally discharged Vit for six months.

Lawyers Lucio Sciriha and Franco Galea were parte civile for the Libyan Air Ambulance whilst Pio Valletta appeared for the accused.