A magistrate's court today heard how the sealed container carrying 10.5 million cigarettes remained unchecked at the Freeport terminal gate, even though the inspection is mandatory.

Freeport employees Malcolm Zammit, Christopher Calleja and Roderick Borg, as well as customs officer Sebestian Zammit , are being charged with smuggling 10.5 million cigarettes with a tax value of €2.2 million.

Senior Freeport Assistance Pierre Delicata, who was also questioned by the police on the incident, explained that on the day in question, Sebastian Zammit left the office to check on the container in question, while he stayed in the office. Mr Zammit handed him the documentation and went outside to supposedly verify that the container was empty, but CCTV footage showed that this never occurred.

Mr Delicata explained that at the gate, there is one lane for entry, two in the middle and one to exit. The middle lanes are used for empty containers. Before empty containers are driven out of the Freeport, security personnel must check all documentation and carry out an inspection to verify it has no goods. In this case, the container left from one of the middle lanes and appeared to be sealed. Empty containers are usually not sealed.

Mr Delicata insisted that ‘empty’ containers must always be checked and it would be a deadly sin not to carry out the inspection. He also remarked that a van behind the trailer raised suspicions as it was too close to the container. He said that normally there would be enough room for the container doors to be opened for inspection, but in this case this distance was not respected.

Stephen Calleja, Operations Manager at the Freeport, explained that CCTV footage showed a stacker outside its designated area. He said that the stacker loaded the container onto a refrigerated truck, stopped to let another truck pass and then followed it out of the terminal.  He added that no official can enter the premises without a pass and everyone is informed that all areas are under surveillance.

Customs inspector Jeremy Azzopardi said that that on the day of the incident he asked Mr Zammit to go to the Freeport to replace an employee on sick leave. He explained that employees are usually informed of where they will be stationed a day before, adding that there was no way Mr Zammit knew he would be stationed at Freeport beforehand.

Defence counsel Edward Gatt asked Mr Calleja how long it would take for cigarettes to be unloaded out of a container, but Mr Calleja said he could not answer, as it is not his duty to unload contents. Dr Gatt argued that the testimonies of the witnesses are mostly based on CCTV footage shown to them by the police, and do not in any way prove that the men were going to sell the cigarettes.

Defence counsels Veronique Dalli, Dean Hili, Joe Giglio, Roberto Montalto, Edward Gatt and Mark Refalo made a request for bail, however Magisrate Anthony Vella said he will decide on this in camera.