Father and son found not guilty of falsifying documents connect to contraband cigarettes

The Appeals Court has dismissed an appeal from the Advocate General concerning the seizure of 15 million contraband cigarettes in 2005.

The illicit goods were discovered hidden in a container at the Freeport. Arthur and his son Aaron Cianco, residents of Mellieħa, were accused of falsifying documents between January and March 2005, claiming that two containers held toys and furniture, when in fact they contained cigarettes.

Malta Customs had made the discoveries after receiving information the containers would arrive under false documents.

One container held 421 boxes, each containing 10,000 cigarettes, while the other contained 726 boxes of contraband cigarettes.

The total value of the merchandise was approximately €593,000, with Customs Duty amounting to €1.5 million and €377,000 in VAT.

Despite the value and nature of the contraband, Judge Neville Camilleri, rejected the Advocate General's argument for a harsher sentence for the Cianco father and son, stating that the containers, though arriving under false documents, were not destined for Malta and, therefore, not subject to taxation.

In 2017, after a 12-year legal battle, the Court ruled that the Prosecution had not proven Arthur Ciancio's involvement in the illegal import of tobacco. He was, however, found guilty of using false documents and received a suspended two-year prison sentence.

Regarding Aaron Ciancio, the Court noted the Prosecution's failure to prove accusations and emphasized that residing with his father did not imply guilt.

The Appeals Court upheld the initial sentence, rejecting the Advocate General's appeal, which argued for Aaron's guilt in fraud and document falsification related to the importation.

Despite claims that a last-minute change in destination did not alter the criminal intent, Judge Neville Camilleri maintained that since the containers were not destined for Malta and were in transit, they were not subject to local taxation.

The evidence presented suggested that Aaron Ciancio was not actively involved in his father's activities, even when lending a hand at times.

The appeal was denied, and the original sentence was confirmed.

Arthur Ciancio was represented by Kathleen Calleja Grima, while Franco Debono and Francesca Zarb represented Aaron Ciancio.