Court to decide whether Enemalta chairman to be prosecuted for threat to cut off supply

A court is to decide whether or not to order the Commissioner of Police to prosecute Enemalta Chairman Frederick Azzopardi for taking the law into his own hands. 

In 2010, Anthony Camilleri had been found to have a tampered with electricity meter and had elected to undergo an administrative procedure whereby he would pay a fine rather than face criminal proceedings.

However, when he did not pay the fine, Enemalta disconnected his electricity supply in accordance with the agreement.

Camilleri then filed a criminal complaint, requesting that the police proceed against Enemalta for ‘ragion fattasi’ (taking the law in one’s own hands). When the police declined to prosecute Enemalta, the man filed challenge proceedings against the Commissioner of Police. The challenge, if ratified by the court, would force the police to prosecute Azzopardi for “exercising a pretended right”. 

In a sitting before Magistrate Aaron Bugeja this morning, Joe Mifsud, appearing for Camilleri, alleged that the Enemalta Chairman had been exercising only an assumed power when he had threatened to suspend the complainant's electricity supply to force him to pay. 

Quoting the criminal code, Mifsud complained that the Enemalta chairman had acted on his own authority and had taken the law into his own hands when he had made the threat. It was alleged that Enemalta had never actually explained the bill to the complainant and had never sued him for the alleged amount. 

Mifsud described this as a serious action by Enemalta, given that today, every household runs on electricity. Suspension could have caused damage to the complainant's household, which compelled the complainant to pay. 

Lawyer Dr Stefano Filletti, appearing on behalf of the Enemalta chairman, argued that in this case, Azzopardi had not assumed or presumed that he had the power at law to suspend electricity.

“The Chairman is authorised by law to suspend electricity where it is reasonably suspected that a person has stolen electricity or tampered with meters. This power is clearly stated in the Electicity Supply Regulations,” pointed out the lawyer. Furthermore, as the complainant's meter had been found to have been tampered with, he had effectively been caught red-handed stealing electricity . 

After requesting not be prosecuted criminally, Enemalta allowed an adminsitrative settlement, in which the complainant had entered into a contractual agreement, declaring that he had stolen electricity and having accepted that if he did not settle the amounts stolen, his electricity supply would be suspended. 

Enemalta had unsuccessfully chased payment for five whole years, said Filletti, during which time the complainant had never denied stealing electricity. 

The Enemalta Chairman had no option but to exercise his lawful right to suspend Camilleri's supply, contended the lawyer, who also pointed out that the supply was never actually suspended because Camillieri had settled his dues before the supply could be cut off. Filletti described the proceedings as frivoulous and vexatious in the Enemalta Chairman's regard. 

Magistrate Bugeja put the case off for his final judgment