An Appeals Court has upheld the acquittal of former Enemalta Chief Projects Officer Ray Ferris, from all charges in a case related to the oil procurement scandal which broke in January 2013.
Last May, Mr Ferris, 54, had not been found guilty of corruption, fraud and trading in influence, by Magistrate Consuelo Scerri Herrera. Subsequently the Attorney General had filed an appeal but Madam Justice Edwina Grima today confirmed the initial decision.
George Farrugia, the oil trader granted a presidential pardon to turn state witness in this scandal, had told the police and eventually repeated in court, that Mr Ferris had asked for €40,000 to influence the adjudication board – a claim which the Enemalta official denied.
In its ruling the first court had remarked that the version of events by Mr Ferris was more credible than that by George Farrugia,.
The prosecution had claimed that Mr Ferris had accepted expensive silver ornaments and demanded cash to influence a tender adjudicating board. The gifts included a crystal and silver centre piece and two bonbonnières worth a total of €8,000.
Mr Ferris, denied such claims, insisting that it was Mr Farrugia who told him to take the items and give them to members of the adjudicating board to make sure he won a massive tender.
Mr Ferris told the police he did not know what to do with the gift but decided to take them to a jewellery where he part exchanged them for a silver plate after topping them up with some cash.
The first court noted that Mr Ferris at no point accepted to participate in any discussions related to the tender Mr Farrugia had wanted to speak to him about. Though he had accepted silverware as a Christmas gift, this could not have been deemed as corruption even though such behaviour was unethical, the court said.
Magistrate Scerri Herrera had pointed out that the corruption charge was “possibly made in error” as none of the evidence backed up this accusation because “at no point was it proven that Mr Ferris had offered anyone any advantage, neither directly nor indirectly”.
Regarding the fraud charge, Magistrate Scerri Herrera had said that none of the evidence presented in court proved this charge or, in the least, that Mr Ferris benefitted from anything, except for the Christmas gift “which does not fall within the parameters of this crime”.
Moreover, she said that Mr Farrugia could not be described as a “victim” as the gifts he had donated to Mr Ferris were given out of his own free will and without being asked for them or anything.
Lawyers Kenneth Grima and Veronique Dalli appeared for Mr Ferris.