Court marshals strongly deny theft allegation

The director general and the registrar of courts and court marshals Frans Fenech and Michael Micallef yesterday filed a counter-protest following a protest filed against them by Carmela (Bella) Hili.

Hili had filed her protest in her personal capacity and as the heir of her late mother Theresa Hili against respondents and against the Minister for Justice and the Interior, Anthony Meli, Kevin Xuereb Vella, Meli Car Rentals Ltd, Reuben Farrugia, Anthony Camilleri and against the Attorney General.

She claimed that a precautionary warrant of seizure issued at the request of Meli Car Rentals Ltd against her brother, Paul Hili, claiming payment of Lm1,491.2 had been irregularly executed by the court marshals and that the marshals had failed to list all the items they had seized from her home.

Jewellery, valued at over Lm10,000 had been seized, and in all, the court marshals had seized over Lm100,000 worth of furniture and other items when the claim against Paul Hili was for under Lm2,000.

In her protest Bella Hili claimed that the Minister for Justice and the Interior, the director general and registrar of courts were responsible as they had employed the court marshals.

She concluded her protest by formally protesting the irregularity and gross negligence in the execution of the warrant, and held respondents liable in damages.

In yesterday's counter-protest, respondents claimed that the warrant had been correctly executed at the address given on the warrant.

Although Hili claimed that the warrant had not been executed at her brother's flat, the court marshals pointed out that when they had entered her home they had found a number of letters addressed to Paul Hili.

The court marshals added that the premises was in a disorganised state.

They claimed they had seized one bag from the safe in the house, which bag had remained in their possession throughout the execution of the warrant.

On the day following the execution of the warrant, court marshal Michael Micallef had deposited this bag in the court's deposit section, where it was opened by the deputy registrar and by the official in charge of this section.

The contents of the bag were listed in the presence of the court marshal, who signed it.

The bag was then sealed in a cardboard box and deposited by Micallef at the Monte di Pieta'.

Both marshals declared they were not capable of valuing the contents of the bag.

The court marshals denied Hili's allegation that jewellery items were missing from her home.

They insisted that the list of the bag's contents was correct and that whatever had happened prior to the seizure or after the deposit was not their responsibility.

Furthermore, they claimed they had seized items of furniture which, in their opinion, would satisfy the claim against Paul Hili.

Both marshals denied Bella Hili's allegation that they had failed to list all the items seized.

The list of items was signed by both marshals and witnessed by Anthony Camilleri and Kevin Xuereb Vella.

Micallef and Fenech added that they were not experts in furniture and they thought that the furniture seized was of the same value as the claim against Paul Hili.

The fact that other estimates of the furniture's value were higher than that of the marshals did not mean that the marshals had acted criminally.

The court marshals said they had handed over the items seized and listed by them to the consignatory, Anthony Meli, after they had tried to contact Paul Hili on two occasions without success.

Meli had been asked by the marshals if he was related to the directors of Meli Car Hire and he had replied in the negative.

The marshals vehemently denied Bella Hili's allegations, and said that if her allegation of theft was directed against them, they would take action to rebut this injustice.