18 years later, court acquits man of alleged 2007 vehicle theft

A 54-year-old man was acquitted of stealing a parked vehicle in 2007 after the court held that the testimony of another man who claimed to have bought the Peugeot 405 from the accused was not credible.

Ismael Habesh, a Libyan national who had been acquitted of the murder of Sion Grech, was accused of the aggravated theft of the vehicle on May 25, 2007. He was also accused of handling stolen goods, committing a crime during the operative period of a suspended sentence and recidivism.

The prosecution’s evidence stage was declared closed on February 8, 2011. During that sitting, Habesh consented to being tried by the Court of Magistrates.

Two days later, he was sent for trial before the Court of Magistrates after the AG filed a note indicating the crimes of which Habesh should be found guilty.

The defence requested a social enquiry report on January 30, 2024, maintaining its client’s innocence. It then closed its evidence stage on July 9, 2024.

During the proceedings, police inspector Daniel Zammit testified in February 2009, that the owner of the vehicle filed a report that his green Peugeot 405 was stolen in May 2007 after he had parked it outside Phoenicia Hotel in Floriana.

The police investigated two other men – Jeffrey Cassar and John Fenech. The car was found inside Cassar’s garage. The pair had told the police they bought it from Habesh for Lm100.

The police sent for Habesh, and he denied stealing the car.

Cassar and Fenech were arraigned in court, accused of handling stolen goods, and they were both found guilty.

The two men testified against Habesh. Cassar said that he knew the accused from Mosta. Initially, he claimed that he knew nothing about the Peugeot 405 and never owned such a car. When asked about the Peugeot inside his garage, he said that he had bought it with someone else.

Fenech also knew Habesh from Mosta. In 2009, he said he bought the car with Cassar from Habesh. But when he testified again in 2022, he denied that Habesh had given him the car or that he had bought it from the accused.

Fenech confirmed that the stolen vehicle was in his and Cassar’s possession, but insisted the latter had bought it using money the witness loaned him.

He also testified that Cassar showed him the vehicle inside the garage, but did not mention where it came from or who he had bought it from.

The owner of the vehicle testified that he had Lm750 in cash in the vehicle and found less. He also found the car battery, car upholstery, seats and other items missing. He repaired the vehicle for Lm2,000.

A psychotherapist from Dar Bla Ħitan, a residential programme designed for individuals serving their last part of imprisonment, testified in 2024 saying that Habesh was following the social reintegration programme for inmates and his improvement had been exemplary.

The man worked in construction and had been off drugs for five years. This was confirmed by the testimony of a probation officer who prepared the social inquiry report.

The probation officer also spoke to the victim, who told her that he had no interest in pursuing Habesh for damages and that, after so many years, it was water under the bridge.

The court observed that the accused was linked to the stolen car by Cassar’s testimony.

Cassar was known to the police, and they had found the car in his possession.

It observed that Cassar’s testimony had been contradicted by Fenech’s, who denied Cassar’s version of events. Moreover, Cassar had been “evasive” and “contradicted” himself.

After ruling that Cassar was not a credible witness, the court observed that there was no evidence to show that Cassar and Fenech had been arraigned in connection with handling the stolen vehicle, and no CCTV footage was presented in court.

The court ruled that the charges had not been proven and acquitted Habesh on Tuesday.

Magistrate Yana Micallef Stafrace presided.

Assistant Commissioner Fabian Fleri prosecuted, while lawyers Edward Gatt and Shaun Zammit appeared for Habesh.