Man charged with fraud after failing to supply €250 worth of drinks

A man has been released on bail on fraud charges after failing to provide €250 worth of merchandise that he had been paid for.

Lawyers Patrick Valentino and Louis Bianchi, defending 29-year-old Thomas Camilleri, of Gzira, argued that the charges were excessive for what they termed a civil debt. 
Camilleri pleaded not guilty to charges of fraud, other fraudulent gain, breaching bail conditions and recidivism.

“It's over €250 and the €250 was paid back,” Valentino argued. “Two days after the report, it was paid. There is a receipt.” The other person had told the police that he had no interest in pursuing the case, submitted the lawyer.

Prosecuting police inspector Jonathan Ransley explained to magistrate Claire Stafrace Zammit that the accused had accepted payment in advance for a consignment of beverages, which he then failed to supply. The bar owner had involved the police after the accused stopped answering his phone calls.

“I ordered his arrest. Whilst they were going to arrest him the accused's brother had gone to pay the debt. I told him that the police must prosecute ex officio and the case must be heard.”

The magistrate observed that breaching of bail conditions and a fraud charge that carries with it a term of imprisonment from one to seven years, justified the man's arrest.

Valentino insisted that the central issue was not a criminal offence, but a civil dispute. Even the creditor had said that he had been repaid, he said. “The breach of bail is another matter.” The court, however, was not convinced, saying that mise en scene and fraud were not civil law issues.

Defence lawyer Louis Bianchi argued that we new law courts would be needed if every such case was prosecuted. “He didn't pay, for two days, a debt of €250 and you arraign him under arrest?”

Inspector Ransley argued that the accused had breached his bail conditions.

Bianchi asked that the proceedings over the €250 be dropped and the accused ordered to follow a residential drug programme.

“The only thing I’m worried about is that if there is a sentence, his father would have to lose €5,000 bail bond he had put up for him. Now every time someone doesn't pay a civil debt in his district, I will ask for their arrest,” the lawyer said.

“And I will process them properly,” the inspector replied. “Every year this man ends up in court. It's about time he sorts himself out.”

The prosecution asked for a supervision order while the accused is made to follow a drug rehab programme.

The court granted Camilleri bail on condition that he does not to approach the creditor, signs a bail book twice a week and provides an €8,000 personal guarantee. He was also placed under a supervision order with the court saying its ultimate aim was to eventually have him follow a residential drug rehabilitation programme.