Two men were cleared of trying to steal parts of an aluminium structure after a court found that fingerprint samples taken from the scene did not match.

Alan Micallef, 40, and David Ellul Lanfranco, 31, both from Attard had been charged with attempting to steal the aluminium frames covering an air conditioning unit outside the Transforma clinic in Triq il-Hafur, Attard, on 20 January 2011.

Police Constable Robert Vassallo told the court he had seen the men acting suspiciously on the parapet of a house. He caught Alan Micallef with the aluminium louvers in his hands but the accused denied this and challenged the officer to take his fingerprints. The officer did this but the prints taken from the louvers did not match those of the accused.

Mr Micallef told the court that on the day of the incident he had gone out for a walk and met Mr Ellul Lanfranco. He said he suddenly felt that call of nature since it was a very cold day and went into the parapet but before he could relieve himself PC Vassallo approached and said he had caught him red handed trying to steal the aluminium frame.

The court, presided by Magistrate Claire Stafrace Zammit, ruled that the prosecution had failed to prove its case beyond reasonable doubt and cleared the men of the charges brought against them.

Lawyers Michael and Lucio Sciriha were defence counsel.