Two Employment and Training Corporation (ETC) inspectors have been cleared of accepting bribes to carry out their duties after a magistrates’ court ruled that although they asked for money “to close an eye”, they did not ask for the money as if it was legally due and because when the crime was allegedly committed, one had to ask for and accept bribes in order to be found guilty.
In her judgement, magistrate Miriam Hayman noted when the alleged crime happened in 2000 the legal definition of bribery only included “receiving and accepting” money. In fact, the term “requesting” (money) was added to the definition of the crime following an amendment that came into force two years later.
The court cleared ETC inspectors Lawrence Parascandalo, 60, of Vittoriosa and
Paul Aquilina, 52, of Zebbug of unlawful exaction and bribery. In his testimony, prosecution’s main witness Publius Zammit explained how he went to register for unemployment benefits in Msida in November 2000.
After he left the office, he was stopped by the two ETC inspectors Mr Parascandalo and Mr Aquilina as he was driving to drop off a welding set at a friend.
The two inspectors told him that they followed him from Msida and when they saw the welding set told him that he would have to pay a Lm500 fine for registering for unemployment benefits when he had a job.
Mr Zammit told the court that he denied this accusation and asked them if they wanted money. He offered them Lm20 while they asked for Lm50 but then settled for Lm30.
He testified that he gave them his mobile number so they would phone him the following day and agree on a time and place to pay them.
However, he told the court that when they phoned him the next day, Mr Zammit threatened he would kill them if they bothered him again and then he went to file a police report.
In handing down her judgment, magistrate Hayman noted that it “is amply clear from the evidence that Mr Parascandalo and Mr Aquilina asked Mr Zammit for money – but that action at the time of the crime was not punishable at law,” and as a result, cleared the two men of all charges.
Police Inspector Dennis Theuma prosecuted while Dr Joseph Giglio and Dr Noel Camilleri appeared for the two men.