Court orders criminal action over alleged fraud

Magistrate Consuelo Scerri Herrera has ordered the Police Commissioner to take criminal action against Joseph Fenech, known as Zeppi l-Hafi, for allegedly defrauding Carmel and Helen Galea.

The court referred to a court application by the Galeas in which they referred to a letter they wrote to the Police Commissioner in October 2001 requesting him to proceed against Fenech and his wife Connie, Joseph and Cynthia Grech, Matthew and Eliza Pace and Notary Pierre Falzon as they claimed these persons had created a scenario through which they swindled some Lm17,700.

The court noted that the police had investigated the case and decided that it was one of a civil nature.

The Galeas did not agree with the police conclusions and filed challenge proceedings against the Police Commissioner.

The court noted that on February 8, 2001, Salvatore Lauron had signed a promise of sale agreement with Fenech, Grech and Pace and their respective spouses for the sale of land for Lm23,000 while on April 11, Fenech, Grech and Pace signed a promise of sale agreement over the same property with the Galeas for Lm40,000.

The promise of sale agreement was signed before Notary Falzon. The Galeas paid Lm4,000 when the agreement was made and subsequently paid another Lm16,000 to Fenech, hoping the sale would be finalised. With the money received, Fenech bought several garages in Qormi.

The court said Pace got to know that the property at Burmarrad could not be sold because of legal impediments and was willing to refund his share of the deposit to the Galeas.

A private contract was made in this respect in front of Notary Falzon and Pace refunded Lm2,300 while the Lm16,000 they had paid to Fenech had to be paid back by Fenech. But, the Galeas claimed, Fenech did not honour the agreement and they were still without the money.

The court considered that some witnesses said the property in question was leased to Lauron while others said they knew it was only rented property (qbiela).

The court said it appeared Fenech knew the property could not be sold and there appeared to be grounds for criminal action to be taken against him.

The court said Notary Falzon had acted "irregularly, negligently and in a careless manner", but there were no grounds for action against him according to law. There appeared to be no ground for action to be taken with regard to the others mentioned by the Galeas, the court ruled.