A 54-year-old man from Hamrun has been acquitted of being in possession of untaxed fuel after a mistake was made in his notice of summons.
George Pace, from Hamrun, faced charges after the Malta Resources Authority ordered officials to carry out an inspection of the accused’s garage in Paola. Inspectors found 1,050 litres of gasoil without any duty paid as required by law.
The fuel was valued at €762.24 while the unpaid customs duty was valued at €401.52. In addition, VAT was also due worth €209.48.
During the course of proceedings it transpired that on the notice of summons the date of when the inspection took place read 2011, when it had in fact taken place in 2010. Presiding magistrate Ian Farrugia observed that no request for a correction was made and that the court is bound by the charges and date laid out on the notice of summons. Since no evidence exists that the accused was in possession of untaxed fuel on the date marked on the notice of summons, the court had no other option but to clear Pace of all charges.
Lawyer Mark Busuttil represented Pace.