No evidence to support theft charge in Parliament trespassing case

The Magistrate hearing the case against two men, caught earlier this month in a restricted area underneath Parliament, has noted that no evidence to support the charge of theft has been exhibited so far.

Magistrate Joe Mifsud made the observation during the compilation of evidence against Eman Zammit and Clayton Fava, from Zabbar.

Zammit and Fava, aged 36 and 28 respectively, are charged with the attempted theft of tools stored in a tunnel sited at the “Yellow Garage” area, trespassing in a public building without the necessary permits and relapsing.

PC Stephen Grech, who had discovered the trespassers during a routine patrol on 16 August, testified to finding the two men roaming around the restricted area. They had claimed to be sheltering from the freak rainstorm that lashed the islands that day.

The constable added that there were other areas where they could have sought shelter, without the need to vault over two gates.

But the magistrate said that he had not been shown any evidence to support the charge that the men had intended or attempted to steal tools that had been stored in the tunnel.

In fact, said the magistrate, evidence that the men had posed any kind of threat to the security of Parliament was also lacking, in spite of an impression to the contrary being given.

Prosecuting Inspector Jeffrey Scicluna advocated the men be sent to prison, in view of their drug problem, but this was objected to by defence counsels Franco Galea and Matthew Bondin, who argued that prison could only exacerbate their addictions.

Galea, appearing on behalf of Zammit, argued that his client had failed to overcome his drug addiction in spite of his having completed no less than three drug rehab programs. He suggested the court impose a suspended sentence and appoint a probation officer to ensure Zammit’s drug issues are addressed.

The court denied a second request for bail, the magistrate saying the men should have tried a bus shelter to get out of the rain. The accused’s drug problem needed to be addressed and the court could not simply send the men back to prison and risk an overdose.

The magistrate will pass judgment on the men in September.