Five consumers explained in court today how they got hold of tampered smart meters.
The five were the first consumers to give evidence - after Enemalta waived criminal court action against them. The Attorney General also renounced action.
The first consumer to give evidence, Mario Vella of Qormi, said his wife had a hair salon and the accused, Enemalta fitter Manuel Micallef was a customer.
One day, while speaking to him, she complained about high electricity bills. Mr Micallef told her that he had a solution. He then told them that he could provide a meter that would under-register, but they had to pay €1,600 in cash.
They paid Mr Micallef and he installed the tampered meter and took the other one. They had no meter at their home (and salon) for two or three days but still had electricity.
When they started to receive their bills, there was no difference at first, but then they began noticing low consumption and the bills got lower.
The witness explained that the smart meter was installed in the garage, which served as the salon and also supplied their house and they paid commercial rates.
David Galea, from Attard, said that when Enemalta personnel called to install the smart meter at his home last February, the installer - Mr Micallef - told him that they had found a way for it to read less. Mr Micallef asked for €1,200. The meter registered half of what was actually consumed.
The witness said he called Enemalta himself to report after hearing from the media about the amnesty.
The third witness, Robert Vella, giving evidence against Richard Gauci, another Enemalta fitter, said that a fuse blew at his house and Mr Gauci called to replace it.
Mr Gauci told him he could offer him a new smart meter which would under read electricity. He first asked for €1,200 but they then agreed on €1,000. Two days later Mr Gauci turned up with the tampered meter and Mr Vella said he paid him cash. The meter was installed in September 2012.
Mr Vella, like the previous witnesses, said he reported himself because he felt he had to do it not because he had heard of an amnesty.
The fourth witness, Anthony Bugeja, who was reading as he gave evidence, said he had heard from other people that smart meters could be tampered with and he had felt that Mr Gauci, who, like him, was from Rabat, could help him get one.
At this point, defence lawyer Joe Giglio asked him why he was reading, and who had written what was on the paper.
The witness replied that it was 'the police inspector' who had written what was on the paper.
Magistrate Carol Peralta said he expected better from the police inspector. Dr Giglio expressed amazement.
Inspector Daniel Zammit said that what was written reflected what the witness had said in his police statement, and nothing else.
The magistrate cancelled the testimony and asked the witness to re-testify, whereupon he repeated his remarks. He said he paid Mr Gauci €1,000 for the tampered meter. He did not recall who had first informed him that smart meters could be tampered with.
Taking the witness stand, Louise Ciappara, from Naxxar, said that a technician turned up at her home to install the new meter while she was not home.
Her neighbours informed her that the technicians had called. Then a short time later she saw an Enemalta van in Naxxar and asked the two men inside why they had not left a note.
They fixed an appointment, and Mr Gauci turned up. He called her over to the van and asked her if she was interested in a smart meter which under-registered. She asked him if she could get into trouble, and he replied 'no'.
He asked her for €1,000 but she did not have so much, and gave him €500. He initially refused, but then accepted.
Ms Ciappara said she at first had doubts about whether the meter was under-reading because there was no change in her bills but she put that down to her increased use of the tumble-dryer. It was later confirmed by Enemalta that the meter had been tampered with.
Enemalta Engineer Charles Scerri exhibited the meters belonging to the consumers. The meters are expected to be examined by a court expert.
Defence counsel again requested bail for Mr Gauci and Mr Micallef. The police objected since, they said, there were still hundreds of consumers who still had to come forward and who might be asked to testify.
Dr Giglio said this was 'not on'. The Magistrate said he was not accepting his argument either.
However, the Magistrate said, following this request for bail, the Attorney General had to be notified. A bail decision will be taken in the future.
Lawyers Franco Debono and Marion Camilleri appeared parte civile for Enemalta Corporation.