A court has chided the police for shortcomings in an investigation related to alleged illegal manufacture of fireworks and acquitted a man due to insufficient evidence.

The case dates back to March 22, 2008, when the police found a small amount of explosive material used in the pyrotechnic industry in an abandoned van in the basement of a block of apartments in Xaghra, Gozo. The site was accessible to the public,with the shutter partially opened.

48-year-old, Joseph Spiteri, from Xaghra, was charged in connection with the discovery and accused of illegal manufacture of fireworks.

The court heard how the police learnt about the discovery following a phone call and immediately went on ite to investigate. It later transpired that the van was no longer in circulation as it had been 'garaged' in 2005.

Throughout the investigation the accused denied ever seeing the explosive material and told the police he had lent the vehicle to be used as a store next to the site where the Xaghra feast fireworks were let off in September.

In its decision the court, presided by Magistrate Joe Mifsud, pointed out that the police had failed to seal the area where the material had been found to prevent any tampering of evidence. It also noted how the accused was not present when the van was opened.

The police were also chastised for seizing all the material without calling explosive experts. The material was taken to Victor police station in a car, thus exposing the officers and other to unnecessary risk.

One of the officers even declared that a “sergeant thought he knew it all and decided on the spot to collect all the material” the court noted.

It also pointed out how the police should have carried out discreet monitoring to catch any potential suspect red-handed.

The magistrate criticised the police for not taking any fingerprints of the accused, and for failing to make comparison with the marks found on the explosive material

In addition, explosive expert Jeffrey Curmi had established that the material inside the van was not enough to manufacture a simple petard and so the vehicle could not have been used for illegal manufacturing of fireworks.

The police had also failed to look into the possibility that some residual material had been left in the vehicle after it was used by the fireworks enthusiasts.

In view of this the court acquitted the man due to insufficient evidence.

Lawyer Joseph Grech was defence counsel whereas police inspector Josric Mifsud led the prosecution.