Failure to prove that unlicensed gambling had been taking place at a Sliema bar beyond reasonable doubt resulted in the owner of said bar being acquitted of all charges.
A surprise inspection on 11 October 2011 at 'Time Square' in Sliema, led to the owner, Paul Attard, 63, being charged with making gambling machines available on his premises without the necessary Malta Gaming Authority licence.
At the time of the incident, the accused’s son, also called Paul Attard, had been present rather than his father. During the surprise inspection, authorities found two women sitting in front of monitors, apparently gambling. Photographs were taken of the monitors and they were then seized as evidence.
Prosecuting officers called in Paul Attard Snr for questioning, some four months after the inspection took place. In his explanation, Mr Attard said that the monitors were available so that patrons may access the internet. Authorities who carried out the inspection testified however that gambling casino-like games could be seen on the screen.
The two women who had been found sitting at the monitors were also called in to testify – where they said that €5 in credit had been bought and used up. It remained unclear however the intended use of the credit. They both said that after all the credit was used up, they promptly left the establishment.
Magistrate Ian Farrugia, presiding over the case, found that while the evidence overwhelmingly points towards the fact that the monitors were used for gambling, there was no use of an independent technical expert by the previous magistrate. Without this confirmation on oath by the expert, the charge could not be proved beyond reasonable doubt. He added that the accused cannot be found guilty on a balance of probabilities.
It also remains unclear as to why Paul Attard Snr had been called in for questioning and charged, when he was nowhere to be found at the time of the incident. From the evidence that emerged, there was also no discernible link between the accused, the place and the time of the alleged offence, the court found.
In light of this, the accused was acquitted of all charges. Lawyer Gian Luca Carruana Curran defended the accused.