Attard men cleared of theft

Alan Micallef, 40, and David Ellul Lanfranco, 31, were spotted by a policeman in January 2011 holding an aluminium shutter, which the PC suspected they were stealing

A court has cleared two men who had been arrested in 2011 as they prepared to answer the call of nature outside an Attard clinic and charged with attempting to steal an aluminium shutter from the premises.

Magistrate Claire Stafrace Zammit heard PC Robert Vassallo testify that he had seen Attard residents Alan Micallef, 40, and David Ellul Lanfranco, 31, behaving suspiciously as he was driving through the area on 20 January 2011 at around 5:30pm.

The constable told the court that as he stopped to investigate, he had caught Micallef with the aluminium shutters in his hands, however this was denied by Micallef, who had told the policeman to check it for fingerprints. Prints were subsequently taken and Micallef’s fingerprints were not found on the structure, which had been housing an airconditioning unit.

Micallef had explained to the magistrate that he had gone out for a stroll on that day, meeting his friend, Ellul Lanfranco. Needing to empty his bladder due to the cold weather, Micallef decided to do so in the front area of the clinic, which was enclosed by a low wall. It was at that moment that he had been approached by the policeman and accused of attempting to steal the shutter.

Magistrate Claire Stafrace Zammit held that the charges had not been proven beyond reasonable doubt and ordered that the men be released. 

Lawyers Michael and Lucio Sciriha appeared for the men.