WSC accountant acquitted of Polidano fraud

In her judgment acquitting the accused, the magistrate noted that the prosecution had focused its case on Polidano’s testimony which, however, she said was less than credible in certain aspects regarding the accused

A court has acquitted an accountant working for the Water Services Corporation of complicity in a scheme which defrauded the Polidano Brothers Limited out of approximately €24,000.

Victor Testa, 35, from Sliema, had been accused of sharing confidential information and helping his friend and former Sliema mayor, Nikki Dimech, to dishonestly acquire funds belonging to the Polidano company.

Testa was investigated by the police after Enemalta’s Chief Executive had reported him for allegedly misappropriating cheques issued by WSC to Polidano Brothers, which had been intended as payment for services rendered.

Two of the cheques had allegedly ended up in the hands of one of Dimech’s creditors, who had then asked Charles Polidano to endorse the cheques. Polidano had refused the request.

Testa, being the person who had handed the cheques to Dimech in the period between June 2010 and March 2011, had been charged with misappropriation .

But Magistrate Doreen Clarke, in her judgment acquitting the accused, noted that the prosecution had focused its case on Polidano’s testimony which, however, she said was less than credible in certain aspects regarding the accused.

The court observed that Polidano had first testified that Testa had admitted to having passed on the cheques to his friend, Dimech, but had later testified that the cheques had been passed on by the accused “or someone else.”

This testimony alone did not prove the existence of a ‘common design’ linking the accused and Dimech to a fraudulent scheme.

“There was no evidence whatsoever that the accused had disclosed any information to Mr Dimech,” said the court as it acquitted him of all charges.

Inspector Yvonne Farrugia prosecuted. Lawyer Giannella DeMarco was defence counsel.