Yorgen Fenech was not the only member of his family to walk away scot-free on Wednesday.

His uncle, Raymond Fenech, was acquitted at the first hurdle, when he was charged personally, rather than in his capacity as a representative of the company that held the licence for Tiffany’s.

Magistrate Donatella Frendo Dimech took the police to task over what she described as “easily avoidable errors” that were increasingly allowing those who had broken the law to escape justice.

She insisted that the police must stop rushing to sign off on “charges fall apart under scrutiny.”

This was necessary, she said, “so that the court's time is not wasted, the accused does not end up facing half-baked charges and, above all, it is ensured that justice is done to society”.

In February, Fenech was accused of allowing an employee to manage Tiffany’s at Portomaso without the required licence.

He was also accused of allowing loud music that disturbed nearby residents and of running the venue with amplified music or a live band late at night.

Where the prosecution went wrong

The prosecution’s case came unstuck over who was responsible for the alleged offences.

The charges were filed against Fenech personally. However, an affidavit from a Malta Tourism Authority representative showed that the licence was held by Spinola Developments Co. Ltd, with Fenech acting only as the company’s representative.

The court pointed out that Maltese law draws a distinction between a company’s criminal liability and the personal liability of its directors or representatives.

If the police intend to hold a company official personally responsible for an offence committed by a corporate body, the charges must make clear that the person is being prosecuted under the rules on vicarious responsibility.

This is not a mere technicality, the court said. The accused must know precisely what case they are being called on to answer so they can prepare their defence.

Because the prosecution had failed to specify that Fenech was being charged in his vicarious capacity as a representative of Spinola Developments, the court found that he could not be convicted.

Fenech was acquitted on all counts.