A court presided by Magistrate Aaron Bugeja is set to decide on whether the police can prosecute Enemalta Chairman Frederick Azzopardi for taking the law in his own hands.

Anthony Camilleri, in 2010, was found to have tampered with an electricity meter, and elected to undergo an administrative procedure, where he would pay a fine instead of face criminal proceedings.

Subsequently, Enemalta disconnected his electricity supply, after he failed to pay the fine.  Mr Camilleri filed a criminal complaint, asking the police to proceed against Enemalta for taking the law in its own hands. Police declined to prosecute, and the man filed challenge proceedings against the Police Commissioner. If the Court finds in favour of the complainant, then the police would need to prosecute Azzopardi.

Dr Stefano Filletti, appearing for the Enemalta Chairman, said “The Chairman is authorised by law to suspend electricity where it is reasonably suspected that a person has stolen electricity or tampered with meters.  This power is clearly stated in the Electicity Supply Regulations,”

He argued that since Mr Camilleri’s meter was found to be subject to tampering, then he was caught red-handed.

Dr Filletti said that Enemalta allowed an administrative settlement where a contractual agreement with the defendant was signed, stating that he had stolen electricity and accepting that if he did not pay the amount stolen, his electricity supply would be suspended. He said that Enemalta chased him for five years.

Dr Joe Mifsud, appearing for Mr Camilleri, said that the Enemalta Chairman exercised an assumed power when threatening to suspend the complainant’s electricity supply.

He complained that the Chairman acted on his own authority and took the law into his own hands when the threat was made. The Court heard that Enemalta never explained the bill to the complainant or sued him for the amount owed. This was a serious and grave action by Enemalta he said.