Lack of vital evidence leads to acquittal

A man accused of forging documents and failing to pay tax on items he had imported was yesterday cleared of the charges after the prosecution failed to present vital evidence to the court.

Oliver Brownrigg, 40, who is also president of the Used Vehicles Importers Association (UVIA), was reported by Carmel Portelli, the Chief Inspector at the Customs Department, on November 4, 1998.

The importation in question involved several different types of items ranging from shoes to rope. No cars were involved.

Police Inspector Joseph Cordina testified that Mr Portelli had received information from Customs in Hong Kong, England, Italy and Portugal about Mr Brownrigg regarding documents that were not matching up.

However, in her judgment, Magistrate Jacqueline Padovani pointed out that the prosecution had failed to produce evidence to prove its case. The original documents allegedly involved - the reports from the international Customs officers - were never exhibited in court and so could not be examined.

Except for Customs officer Anthony Cassar, who had drawn up the investigative report about Mr Brownrigg, all other Customs officers had testified that Mr Brownrigg's actions were regular, the court noted. The witnesses said he had also paid all tax involved.

In light of the prosecution's failure to produce the most important evidence, the magistrate acquitted the accused.

Lawyers Emmanuel Mallia and Arthur Azzopardi appeared for Mr Brownrigg.