A man who tricked lotto receivers using stolen cheques, prompting a nationwide warning, has been handed a six-year jail term.
Matthew Camilleri, a 32-year old Gżira resident, was convicted of having been behind a scam whereby he swindled a number of lotto receivers by using cheques allegedly stolen in 2012.
The cheque book had been taken, together with a laptop, a generator, two TV sets, two printers and a keyboard, from a Mosta office.
Mr Camilleri was charged with theft, wilful damage to third party property, fraud, falsification of documents, knowingly making use of forged cheques, illegally dumping the stolen items at sea and a number of other offences linked to his arrest.
He was further charged as a recidivist.
The court heard how the accused would visit lotto outlets, request a ticket and allow some minutes to lapse before tendering payment, knowing fully well that after some 5 minutes, the ticket could not be cancelled from the system.
He would then come up with some excuse, offering to pay by cheque instead of cash, an offer the seller had little option but to accept. Later evidence showed that he would sometimes keep his cheque book out of sight until the ticket was issued.
On one occasion, when the vendor refused the cheque, the accused had promised to return with the cash, something he never did.
A number of outlets fell prey to the scam, prompting a warning backed by a photo of the suspect fraudster, placing all lotto receivers on their guard.
In court it emerged that the suspect behind the Mosta robbery had never been identified. Nor was there any forensic evidence, including fingerprints, linking the accused to the crime scene.
Mr Camilleri's statements to the police, released without the assistance of a lawyer, could not be admitted as evidence against him, Magistrate Joseph Mifsud said.
The use of the stolen cheques did not automatically link the accused to the theft, the court observed.
As for the fraud, the court noted that the accused had sought to avert suspicion by going to different lotto outlets, putting ‘his’ ID number on the cheque and adding a telephone number to make his action all the more convincing.
The identity of the fraudster was ultimately confirmed through CCTV footage, the court observed, declaring the man guilty of fraud and recidivism whilst clearing him of theft and offences against the arresting officers.
When meting out punishment, the court observed that the accused had a serious drug problem which he had not yet tackled, so much so that his latest attempt at rehabilitation had failed after he tested positive once again.
Nor could the court turn a blind eye to the fact that the man had wasted a number of opportunities to get on the path to reform.
Magistrate Mifsud said that society deserved protection from persons like the accused who tried to take, all those offering a helping hand, for a ride.
The man’s unruly character, evidenced by “pages upon pages of convictions” merited the six-year effective jail term, the court concluded.
Inspectors Joseph Busuttil and Saviour Baldacchino prosecuted.