Former shop employee ordered to pay €108,593 to owners over missing funds, misappropriation

A former electronics shop employee was ordered to pay €108,593 to the owners of the outlets she worked at in a civil case which concluded on Tuesday.

Maxlene Carabott, who resides in San Ġwann, and works as Learning Support Educator (LSE) was sued in court for collecting without right or knowledge of the clients’, and owners, large sums of money from various customers.

Adrian and Lorraine Ellul, owners of a business operated from two electronics shops – El Phone in Ħaż-Żebbuġ and Il Telefonino in Fgura, sued Carabott in 2016.

Carabott is known to the police, and in January 2025 was found guilty of fraud, misappropriation, breaching bail conditions in a separate case.

She also had several other instances of misappropriation, such as in a 2022 case where she had used an online bargain platform and allegedly swindled a number of customers out of deposits paid for a PlayStation 5 console. Although deposits of €200 or so were paid, the prospected bargains never materialised.

In 2010, the plaintiff, Adrian Ellul, signed a contract with Melita Mobile Limited for the collection of payments for Melita’s services. Six years later, the plaintiffs received a phone call from Melita’s management, informing them of a significant outstanding balance of bill payments.

During Carabott’s time working at the shop, she collected without right or knowledge of the shops’ clients large sums of money from various individuals. Under her control, various stock items also went missing due to her negligence in her management duties.

Despite, being repeatedly asked by the Elluls to make payments and settle the damages she caused, she was non-compliant. The couple therefore sought compensation for the financial damages they claimed to have suffered. Carabott had denied all allegations.

The plaintiffs admitted with the court they did not regularly check the defendant’s work due to the “high level of trust” they had in her. They had told a court she had become more than an employee and their trust in her became “deeper”.

They said they were “very surprised” with what had happened, and never suspected she would be behind the misappropriation.

She denied allegations, saying she didn’t take any money, and was not responsible for missing stock.

She also contested the validity of a written statement in which she allegedly admitted liability, claiming she had signed it after being threatened by Lorraine Ellul and Jason Schembri, the brother-in-law of Adrian Ellul.

Regarding the alleged threat, Inspector Doriette Cuschieri testified that after searching the police database, there was no record of the defendant ever filing a report about being threatened.

The case was put on hold in 2020 pending the outcome of criminal proceedings against Carabott. However, in October 2023, the court ruled that the civil case could resume.

When Carabott failed to appear in court for a scheduled hearing, the judge ruled that she had no further evidence to submit in her defence.

During the trial, recordings of phone calls between the plaintiff Lorraine Ellul and the defendant were brought forward as evidence. These recordings suggested that Carabott had acknowledged her wrongdoing and was attempting to find a way to return the missing funds.

She had told Lorraine Ellul she would “fix” the situation. The defendant also mentioned that her family members would help her repay the money.

Another recording was taken when the plaintiff met with the defendant in Xgħajra inside a Toyota Vitz owned by the plaintiffs. In the car present was defendant’s husband, Vince Carabott, and Jason Schembri, a police officer and the husband of Lorraine Ellul’s sister.

In the recording, the defendant also admitted that there was an outstanding amount of €51,600.

Based on the evidence presented, the court determined that Carabott was responsible for the financial losses suffered by the Elluls.

Judge Anna Felice ruled in favour of the plaintiffs and upheld their claims.

The criminal case against Carabott continues in a separate proceeding.