Labour electoral commission head charged with unlawful possession of voting documents

The man leading the Labour Party's electoral commission during the 2013 general election has been charged with the illicit possession of general election voting documents belonging to third parties, this afternoon.  

57-year-old Joseph Falzon, from Sliema, appeared before magistrate Josette Demicoli on charges relating to the unlawful possession of the voting documents for the 2013 general election as well as those for the Sliema local council election, which belonged to a Benedict Grech. 

Two police officers, Roberto Magro and Daniel Busuttil, from Mosta were also charged with distributing the documents to the wrong recipient and committing a crime they were in duty bound to prevent.

The trio pleaded not guilty.

The court heard Police Inspector Tony Cachia testify how investigations began after Grech had written to Chief Electoral Commissioner Saviour Gauci in which he claimed that when he had gone to collect his voting document, he was informed that it had already been collected. The signature beside his name was not his. 

Grech then received a phone call from the accused, asking to meet next to the Gzira stadium in order to collect his voting documents. They met and Falzon could not adequately explain how he came to be in possession of Grech’s voting documents. Grech then wrote to the Electoral Commission. 

Inspector Cachia said Falzon was called in for questioning, as were Magro and Busuttil, the police officers responsible for distributing the voting documents.

Falzon remained silent, but the police officers denied handing the voting documents to the wrong person but were unable to account for the documents ending up in Falzon’s hands. 

Busuttil had told interrogating officers that it was “impossible” for anyone but the intended recipient to collect these documents.

Inspector Cachia said his investigation into the matter was abruptly halted last May when he was transferred to another department.

Gauci, the former Chief Electoral Commissioner, said he recalled meeting Grech about the issue and had asked him to put his complaint in writing. The complaint was received two days before election day when Gauci was engaged with more pressing matters. One week later, he referred the matter to the police. 

A representative of the Electoral Commission told the court that Falzon had not been authorised to collect voting documents on behalf of anyone. “Only the Commissioner of Police or his representative are authorised to do so,” said the witness. 

Police Inspector James Grech led the prosecution. Lawyer Stefan Zrinzo Azzopardi defended Falzon, while lawyer Jason Grima represented Magro. Lawyer Joe Giglio was defence counsel to Busuttil.

The case continues in April.