Man handed probation for two 2006 thefts

55-year-old Francis Cuschieri was on Tuesday handed a probation order after being found guilty of two separate vehicle thefts in 2006.

Cuschieri was accused of stealing tools and other items from a Ford Escort van, stealing a stereo CD from a Toyota. He was also charged with attempted theft from another Toyota and for voluntarily damaging the van and the two cars.

He was also charged with recidivism.

Inspector Stephen J. Gatt testified that on the 22 October 2006, the Sliema police station received an anonymous telephone call informing them that some items had been stolen from a van parked in Gzira and that these stolen items had been placed inside a green Yugo car.

The police went to the location at Gżira Road but the Yugo was not there. However, they found the van, a Ford Transit, which was open and a few items were still inside it.

The police traced the Yugo vehicle to Valletta. When they went on the scene, the car was not present, but the residents informed them that Francis Cuschieri used to live there, but was now living in Birkirkara.

The Yugo was found parked in an alley in Birkirkara by police and voices were heard inside the residence. When they knocked, they identified themselves as police but no one opened. The police knocked again and warned that they would force the door open, which they then did.

Inside, they found the accused together with the stolen items on the ground floor near the entrance. The suspect denied stealing the items from the van.

A search was carried out. Some tools were found including a chaser of a certain brand, a cross-cut tool of another brand, an escalator remote control, two car stereos along with various wires and other objects.

A second search by police yielded further tools as well as a Nokia mobile phone, which was later identified as belonging to one of the owners of the cars.

In the Yugo, under the passenger seat, several screwdrivers were found, and in the dashboard near the steering column, a number of syringes and packets of citric acid were found, appearing to be associated with drug abuse.

The police also spoke with the owner of one of the vans, who confirmed that the tools were his work tools and identified them as the same items from inside the van, including the Audiosonic stereo.

While still in the same street, the police noticed two other cars that had been forced open, one of which had its stereo removed.

The accused, Francis Cuschieri testified in his own defence, giving an alternative explanation claiming that the items belonged to his father and denied the theft.

Although the accused denied stealing these items and attempted to shift blame onto Stephen and even his father, his testimony was riddled with contradictions, making it unreliable and insufficient to negate the prosecution’s evidence.

The accused never identified the items recovered as belonging to Stephen but instead simply claimed they were his father’s.

Evidence showed the accused was in possession of stolen tools, furniture, and stereos without offering any credible explanation. Furthermore, the accused’s Yugo vehicle was spotted near the scene of the theft and he also admitted being in Gżira that night.

The accused was thus found guilty solely on the theft charges.

The court held that several testimonies, including that of the accused’s probation officer showed that the offences for which the accused was found guilty were mainly attributable to his drug dependence.

The same testimonies showed that the accused has made every effort to overcome his drug dependence and reform his life. It also emerged that his case before the board for the Rehabilitation of Persons Caught with drugs concluded successfully.

The court therefore considered that a custodial sentence for the first and second counts brought against the accused would not contribute to the rehabilitation the accused has so far achieved and is trying to achieve further with the help of various professionals assisting him.

Therefore, the court deemed it appropriate to impose an alternative sentence.

The accused was thus placed under a probation order for a period of two years. 

The court explained to the accused the effects of the Probation Order imposed on him and of the consequences if he failed to comply.

Inspector Elton Buckingham prosecuted. Defence lawyer Noel Bianco appeared for Cuschieri.

Magistrate Gabriella Vella presided.