Court acquits man of theft, rules prosecution failed to prove case
Court emphasises prosecution's failure to meet burden of proof
A man has been acquitted of theft charges after a court overturned his initial three year prison sentence.
Joseph Xuereb had been found guilty of theft on November 5, 2025, and was sentenced to three years of imprisonment. On appeal he argued that CCTV footage used as evidence against him was unclear. It showed three men, one in a white shirt, who was supposedly himself, but it only identified an item of clothing and not himself.
He also pointed out that the fingerprint examinations from the crime scene were negative and did not match his.
Moreover, the money stolen was never recovered or presented as evidence.
After re-examining the case file, the Court of Appeal insisted that it is the prosecution that must prove guilt beyond reasonable doubt. The burden of proof lies solely with the prosecution.
The court agreed that the CCTV footage was not strong enough evidence, having only identified a common piece of clothing and no clear features identifiable to the accused.
Moreover, the court also said that the negative fingerprint results weakened the prosecution’s link between the accused and the crime scene.
Turning to the victim’s testimony, the court said his claims about a sum of cash in his bedroom were never substantiated with independent proof, despite a freezing order in his name.
The court also dismissed the fact that the accused was seen in the vicinity of his own home an hour before the crime, saying that this did not eliminate any doubt.
The court concluded that the evidence was too weak to prove that Xuereb was at the scene of the crime.
Xuereb was found not guilty of all the charges brought against him. The court was presided over by Judge Consuelo Scerri Herrera. Defence lawyers were And lawyers Arthur Azzopardi and Jacob Magri.