Three Enemalta employees are pleading not guilty to helping customers steal electricity against payment, with two of them ending up remanded in custody while the other was granted bail.

The three men – 37-year-old Żurrieq resident Marvin Cucciardi, 54-year-old Żabbar resident Abraham Muscat and 54-year-old Dingli resident Lewis Sant – were arraigned separately in front of Magistrate Marse-Ann Farrugia.

All three faced the same five charges, namely corruption, unlawful exaction by a public official, embezzlement, causing damage to an electric meter and seriously threatening a particular witness.

However, they are not believed to have directly tampered with smart meter – as has been the case with other Enemalta officials accused of assisting in the theft of electricity in recent months – but are believed to have helped customers bypass the meter instead.

In each case, the defence requested bail, prompting prosecuting inspector Daniel Zammit to object.

In Mr Cucciardi’s case, Insp. Zammit said that there was fear that the evidence would be tampered with, since civilian witnesses still needed to testify.

But Mr Cucciardi’s lawyer, Arthur Azzopardi, contested this, noting that only two types of civilian witnesses were possible, and that there was no risk of tampering in either case.

Witnesses, Dr Azzopardi argued, were either customers who had bribed the Enemalta officials and who benefited from an amnesty to testify – and who thus stood to lose it if they recanted – or customers who had not benefited from the amnesty and could not testify to avoid incriminating themselves.

The lawyer also pointed out that Mr Cucciardi – as was the case with the other two defendants – had been suspended from Enemalta, and could thus not seek to tamper with evidence at the workplace.

Magistrate Farrugia ultimately accepted the defence’s argument and granted Mr Cucciardi bail against a €2,000 deposit and a €10,000 personal guarantee.

Mr Muscat was next to be arraigned, and defence counsel Michael Sciriha said that they would repeat the same arguments Dr Azzopardi had made.

But this time round, Insp. Zammit insisted that Mr Muscat did not cooperate, prompting Dr Sciriha to point out that his client had the right to remain silent, and should not be penalised for exercising his right.

However, Insp. Zammit now mentioned that Mr Muscat was accused of threatening a witness – even though Mr Cucciardi faced an identical charge.

Citing fears that the evidence would be tampered with and the alleged threat, Magistrate Farrugia refused Mr Muscat bail.

She ultimately refused Mr Sant bail for the same reason. While Mr Sant did not avail himself of the right to remain silent, he had denied any involvement during questioning.

Eric Montfort, from Enemalta’s legal office, appeared parte civile, assisted by lawyers Angie Muscat and Marion Camilleri.

 

Inspector Roderick Zammit also prosecuted. Lawyer Lucio Sciriha also appeared for Mr Muscat, while lawyers Carlo Bugeja and Keith Borg appeared for Mr Sant.