Energy theft | Government advised that theft does not equate to corruption

Paying to have smart meters tampered with to reduce energy bills does not necessarily equate to corruption, parliamentary secretary for justice, Owen Bonnici said.

"We have been given advice that paying for a mechanism to avoid paying fully for the energy consumed possibly does not equate to a bribe," Bonnici told MaltaToday.

According to Article 88 of the Electricity Supply Regulations, consumers found to have tampered with the meters, theft of electricity and unregistered consumption have to pay for the unbilled supply, plus interest and a penalty equivalent to 10% of the supply obtained illegally allowing perpetrators avoid criminal proceedings. However, the procedure introduced in 2006, makes no reference to other illegalities such as bribing Enemalta employees.

However, this should incentivise people who paid to have their meters tampered to come forward and spill the beans, Bonnici said.

Pressed on whether this was giving a message that people can get away with illegalities by paying their dues and a small fine, Bonnici said that "this system incentivises the small fish to uncover the big fish. Our main aim is to get the mastermind who created this scam."

Speaking to MaltaToday after holding a public consultation meeting over the justice sector, Bonnici insisted that government was after "the spider that spun the web" rather than the "small fish."

Although it is understood that persons higher up in Enemalta's hierarchy could be involved in the scheme which cost the company up to €30 million a year in unpaid electricity, Bonnici did not explain whether anyone else, apart from the eight suspended Enemalta employees was behind the scam.

Last week, Paul Pantalleresco, a former Enemalta employee, was jailed for two years after he admitted to bribery and tampering some 250 Smart meters.

Another two Enemalta employees who were arraigned yesterday, pleaded not guilty and were remanded in custody. In the coming days more Enemlata employees are expected to be arraigned over the same charges.

Asked why the government will not take any criminal action against consumers who admit to energy theft, Bonnici said, "This is not an amnesty, government is simply putting into action a legal provision which was enacted in the previous legislature, which enables Enemalta to recover money which was stolen to its detriment, impose penalties and obtain information from persons who come forward to regularise their position."

This, he said, would allow persons to "come clean" and allow government to identify the masterminds behind the scam, who will face civil and criminal proceedings.

Earlier, the junior minister warned that consumers who stole electricity are expected to identify who tampered with their smart meters if they wanted to avoid legal proceedings.

He added that consumers who were involved in the scam would enjoy protection under the whistleblower act. "Persons who come forward with information on big and small crimes will be granted protection. This will be applied to anyone who helps uncover the spider that spun the web, starting from the theft of energy to the Enemalta oil procurement scandal."