Court acquits man of misappropriation and fraud, criticises prosecution for five-year delay

Jonathan Sant has been acquitted of all six charges relating to the alleged misappropriation, fraud, and falsification of documents connected to a Toyota Starlet, after the Court of Magistrates ruled that the prosecution’s case lacked sufficient evidence.

The court also noted how the case was “destined to fail from the very beginning.”

Magistrate Claire Stafrace Zammit, presiding over the case, delivered the judgment on Monday, noting that while the allegations were first known to authorities in March 2013, charges were only filed in May of that year and read in court in February 2018—nearly five years later.

The court described the delay as “astonishing” and highlighted that the car had passed through three additional owners during this period, undermining any claim of continuous control by the accused.

“Taking all this into account, this court can never be morally convinced that the final verdict should find guilt,” the judgment stated.

The case centred on a Toyota Starlet owned by Kevin Pace and used by Sant, who had been in a relationship with Pace’s daughter at the time.

The prosecution alleged that Sant attempted to sell the vehicle to third parties without authorisation. However, forensic analysis and witness testimony failed to link Sant conclusively to any forgery or fraudulent acts.

An expert confirmed that the contested signature on the logbook differed from Sant’s handwriting and could not be definitively attributed to him.

The court emphasised that criminal liability must be proven beyond all reasonable doubt and that circumstantial evidence must be “absolutely unequivocal.”

It found that the prosecution relied heavily on uncorroborated statements, provided no concrete proof of financial gain, and failed to produce the vehicle or other essential evidence.

The magistrate also noted that basic investigative steps—such as verifying Sant’s claim that the car was at a mechanic—were never taken.

Given these deficiencies, the court concluded that the prosecution had not met its burden of proof. Jonathan Sant was therefore acquitted of all charges, with the judgment dismissing any basis for penalties or conviction.