Man with 26 previous convictions jailed over stolen jerrycan

A father of seven with 26 previous convictions was acquitted of stealing €35,000 worth of tools after the court found gaps in the prosecution’s case but was jailed for handling a €23 stolen jerrycan found in his car.

Joseph Galea, 35 from Siġġiewi, was accused of stealing the tools during the night between July 20 and 21, 2021 in Birzebbugia and on the night between July 29 and 30, 2021 in Qormi.

He was further charged with damaging the container in which the tools where in the first theft, driving without a licence and insurance cover, as well as handling stolen goods after some tools and a jerrycan were found in his car.

He was charged with recidivism, committing an offence during the operative period of a suspended sentence and breaching two sets of bail conditions.

He denied all the charges.

After the first theft was reported, police spotted two individuals on CCTV using a Toyota Corolla. The driver of the vehicle had a distinctive tattoo on his arm from which they traced the accused.

Galea was placed under surveillance prior to his arrest and the police observed him making use of the same vehicle on other occasions.

When he was eventually arrested, the police found a jerrycan in his vehicle and other tools. They checked if someone had reported them stolen, and found another report.

Before releasing his statement to the police, Galea confessed to stealing the tools to maintain his seven children.

While analysing the evidence in connection with the first theft, the court observed that the prosecution rested its case on the vehicle’s number plate, noting that there were two such cars having “-F 915” on their registration plate, and argued that the one used by Galea had no boot.

Magistrate Marse-Ann Farrugia pointed out that from the footage and the screenshots she could not make out the registration number on the car’s place. The court also observed that the prosecution made reference to identification marks on the vehicle, and said that the quarter window on the driver’s side was closed while on the footage the magistrate saw it open leaving her perplexed.

The court ruled that the prosecution did not prove that the vehicle was the one used in the theft and there was no link between the accused and the Birżebbuġa theft. The tools were not even found at the man’s residence or inside his vehicle.

It held that it was not at ease to accept the man’s confession as truthful since the evidence brought forward left room for doubts.

Thus the charges related to the Birżebbuġa theft were not proven.

With regards to driving without a licence and insurance cover, the court observed that the man never held a driving licence but charge sheet indicated a particular date and time but it could not find him guilty since it had not be proven that the car was used in the theft.

On the second theft, the court observed that the prosecution did present any evidence relating to the other stolen objects but only that Galea had a stolen jerrycan in his possession which was valued at €23.29 by the court.

The court observed that the prosecution presented a judgement showing that he was a recidivist after he had been handed a two-year prison term suspended for four years and had two sets of bail conditions.

In its considerations on punishment, the court held that the man had a refractory character and was convicted 26 times – the majority of which were related to theft. Other courts had granted the man multiple opportunities to reform himself by meting out a punishment alternative to imprisonment but he failed to change his ways.

It was also noted that the prosecution did not request the man’s re-arrest if found guilty of breaching bail.

The court acquitted the man of the charges relating to the thefts from Birżebbuġa and Qormi but found him guilty of handling a stolen jerrycan and jailed him for six months.

It ordered that the two years’ prison term handed earlier come into effect after he was found guilty of breaching a suspended sentence.

In total, he was jailed for 30 months.

It also ordered that Galea forfeits €1,000 deposit from each set of bail granted by two other courts.

Magistrate Marse-Ann Farrugia presided.

Police inspectors Kurt Zahra and Janetta Grixti prosecuted.