Appeals Court overturns three-year prison sentence, and clears man of €13,000 theft

Joseph Xuereb has been acquitted by the Court of Appeal, which overturned a three-year prison sentence after finding the evidence against him did not meet the required standard of proof.

The Court of Appeal upheld Xuereb’s arguments that the case rested largely on circumstantial evidence which failed to establish guilt beyond reasonable doubt.

The case centred on an alleged theft of €13,000 in cash, said to have taken place on 15 July 2019.

The lower court, presided over by Magistrate Marse-Ann Farrugia, had previously found Xuereb guilty on one charge while acquitting him on another, sentencing him to three years’ imprisonment.

However, on appeal, the court took issue with key elements of the prosecution’s case. It noted that CCTV footage presented in evidence did not conclusively identify Xuereb. The fact that one individual seen in the footage wore a white shirt was deemed insufficient to establish identity.

The court further observed that the footage did not show any of the suspected individuals in possession of the allegedly stolen envelope. Rather, it merely depicted the movement of three individuals in the vicinity, without capturing the commission of the crime itself.

Addressing Xuereb’s alleged presence near the scene and his use of a vehicle linked to him, the court ruled that these were neutral circumstances, consistent with innocence, and could not independently sustain a finding of guilt.

The court also expressed reservations about the reliability of the victim’s testimony, particularly the claim that €13,000 had been stolen, which was not corroborated by independent evidence. It pointed to inconsistencies in the accounts given regarding timings and movements, including testimony from the victim’s mother, which it said appeared based more on assumptions than direct knowledge.

A key factor in the appeal was expert evidence on fingerprint analysis, which yielded negative results. The court noted that rather than strengthening the prosecution’s case, this further weakened any link between Xuereb and the alleged crime.

In light of these shortcomings, the Court of Appeal revoked the conviction and declared Xuereb not guilty, clearing him of all charges and penalties.

Xuereb was represented by lawyers Arthur Azzopardi and Jacob Magri.