Lawyers for four men accused of stealing a container from the Freeport with more than 10.5 million cigarettes in it protested in court today that CCTV footage on which witnesses were testifying had not been presented as a evidence in court, and the defence had not been given access to a copy of the footage.

The objections were raised when a number of witnesses based their testimony on the CCTV footage that they had been shown by the police during their investigations into the disappearance of the container from the Freeport on 7 August.

They were testifying in the compilation of evidence against haulier Malcolm Zammit, 35, from Qormi, security officer Christopher Calleja, 51, from Valletta, customs officer Sebastian Zammit,60, from Safi and Freeport employee Roderick Borg, 32, from Qormi. 

The four men are alleged to have been involved in the theft of a container loaded with cigarettes which went missing for 90 minutes from the Freeport.

The container was returned back with all its contents intact.

The men deny the charges.

As the compilation of evidence against two of the men continued before Magistrate Anthony Vella, lawyer Joe Giglio complained that one of the witnesses -Carol Muscat- was testifying about CCTV footage he had been shown by the police, but has not been presented as evidence in court.

This led to Dr Giglio objecting to the way the prosecution was handling the case. 

"The prosecution is producing witnesses to testify about the CCTV footage they had seen about what happened that day, when the footage has not even been presented as evidence in court and when the defence has not yet been given the opportunity to see the footage," he said.

"Court proceedings should not be conducted in this way," he added, as he asked Magistrate Vella to intervene.

Other defence lawyers also expressed their frustration at the situation. 

Prosecuting officers Carlos Cordina and Rennie Stivala said the CCTV footage is currently being analysed by a court expert. Once the analysis is complete, the footage will be presented in court, they said.

When Mr Muscat continued his testimony, he explained the procedure adopted when empty containers are leaving the Malta Freeport. He said truck carrying empty container should pass through lane three, and security officer take details of the truck including the driver's name and registration number. The container is then opened to ascertain that it was empty. 

Mr Muscat said the footage shows that the security officer, who at the time was Mr Calleja, one of the defendants, did not open the container as was usual practice. 

But when pressed under cross examination, Mr Muscat said he had not witnessed the incident and was testifying on what he had seen in the footage. 

Another security officer, Anthony Chetcuti, testified that on the day in question, Mr Calleja had asked to remain at the security as he was not feeling too well. 

The case continues on September 17. 

Lawyers Edward Gatt, Veronique Dalli and Dean Hili also appeared for the accused.