Notary pleads not guilty to misappropriation

A 62-year-old notary has denied the misappropriation of more than €4,000, a sum entrusted to him by one of his clients to register a donation of a house.

Notary Philip Said, from Siggiewi, was summoned before Magistrate Carol Peralta today on charges of misappropriation, failing to carry out his duties and committing a crime which he was in duty bound to prevent. Said is pleading not guilty to all charges.

Police Inspector Ian Abdilla told the court how Joseph and Innocenza Bonello had called at Said’s offices in December 2013 intending to draft a contract donating a terraced house in Siggiewi to their son, Antoine.

The contract was duly drafted and Antoine Bonello issued a cheque addressed to the Commissioner for Inland Revenue for €3,262 in payment of capital gains tax. A cheque for €630 was issued to cover the notary's fees together with another cheque for €113.52  to settle VAT on the notarial fees. 

The last two cheques had been left blank on Said's instructions, the court was told.

An Inland Revenue Department representative testified that the cheque in question had been used in partial payment for a contract of sale by a couple by the surname Tanti. 

Bonello's suspicions were roused when he noted that he had never been issued a receipt nor confirmation from the Inland Revenue Department. Further inquiries with the department resulted in him being informed that the contract had never been registered. 

After several attempts to contact the notary failed, he was left with no option but to involve the police, said the inspector.

Inspector Abdilla added that Said had admitted to failing to register the contract upon his arrest, but had attributed this to "an oversight." He then, however, also admitted to using the cheque addressed to the Commissioner for Inland Revenue to pay for tax related to another contract. Said had claimed to be in financial difficulty at the time, and would need a few weeks to settle the amount with the Bonellos. 

The court also heard how the two blank cheques had been cashed by Said's colleague, notary Peter Carbonaro, who testified that he had been asked to cash them by Said, as he had claimed to be in the midst of separation proceedings from his wife, and that she was observing his income. 

Inspector Abdilla said the police had received other complaints against Said and that there were separate criminal proceedings against the notary underway. 

Inspector Abdilla said that the contract for the donation of the terraced house is yet to be registered. 

The case is expected to continue next month. 

Lawyer Malcolm Mifsud appeared for Said.