Court throws out disgruntled customer's criminal complaint against Enemalta chairman

A court has declined 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 failed to pay the fine, Enemalta threatened to disconnect his electricity supply in accordance with the agreement.

Camilleri had 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, had it been ratified by the court, would have forced the police to prosecute Azzopardi for “exercising a pretended right”. However, in a judgement handed down this morning, magistrate Aaron Bugeja turned down his request.

The court pointed out that the electricity provider had a legal and contractual right to suspend the supply in the case of non-payment. By signing the agreement, the plaintiff had chosen to authorise Enemalta to suspend his electricity supply were he to fail to honour the terms.

Camilleri's argument, that the supply of electricity being an essential service which must be protected “may lead to remedies before other courts,” depending on other factors, magistrate Aaron Bugeja said, “but this court's jurisdiction is limited to investigate whether Enemalta's alleged actions gave rise to a criminal offence."

Lawyer Joseph Mifsud was Camilleri's legal counsel. Lawyer Stefano Filletti appeared on behalf of Frederick Azzopardi