A man charged with fraud allegedly falsified employment documents to facilitate work permits for third-country nationals, a court was told on Tuesday.
Witnesses testified that Kenneth Portelli forged the signature of a would-be employer as part of his plan to defraud several non-EU workers.
Portelli is accused of taking the foreign workers' money in exchange for false promises of securing them jobs and work permits. As a result, at least three Indian nationals came to Malta for nonexistent jobs.
The 43-year-old is pleading not guilty.
The allegedly fraudulent documents stated that takeaway establishment Shakes N'Bakes needed 20 employees for various roles.
But when he took the stand, the restaurant's director Christian Mansueto – whose signature was allegedly forged on the posting document – said he did not sign the document and had no knowledge of it.
Mansueto confirmed he was acquainted with Portelli, as their children played football in the same nursery.
However, when asked if they had ever discussed business matters, he denied any such conversations.
The court also heard how a temping agency was collaborating with Portelli to bring non-EU workers to Malta.
The director of the company, whose name was redacted by the court, admitted she had filed the fraudulent documents with Identità when she took the stand. She also admitted to submitting falsified documents in court two weeks ago.
However, the temping agency director said she was unaware that Portelli had forged the signature.
She initially failed to turn up in court to testify due to medical reasons. Magistrate Donatella Frendo Dimech ordered a doctor, alongside police officers, to go to her residence and assess her condition to see if she was really unable to testify.
After a couple of hours, she appeared in court since a doctor had declared she was healthy enough.
During her testimony, she said she had known Portelli for a number of years through her former partner.
Portelli had approached her former partner as he wanted to bring in a few non-EU workers. Her former partner told Portelli to go to her.
She said she handed Portelli an empty declaration of posting document, and Portelli filled it out with the details and the fraudulent signature of Mansueto.
When he handed it back, however, he left the number of employees needed empty. So, while on the phone, they agreed to write down that Shakes N'Bakes needed 20 employees, without consulting Mansueto.
She then signed the document.
After filing the document, Identità official Victor Aquilina called her in to inform her that the signature was false.
She later phoned Mansueto, whom she had never spoken to before, and asked him about the signature, to which he responded that he had never signed such a document.
The court granted Portelli bail, with no objections from the prosecution.
Defence lawyers Jason Grima and Kirsty Muscat appeared for the accused.
Inspector Karl Roberts prosecuted.