A digital forensics expert who examined a sample of imported Japanese used cars with tampered mileage, said he could not tell who was responsible for the suspected fraudulent tampering.
Keith Cutajar explained that certain devices seized by cybercrime police officers during searches related to the suspected odometer fraud racket were “multipurpose” and could be “operated by anyone.”
The expert was testifying during the compilation of evidence against car import firm owners Roderick and Alison Vella, from Żabbar and Alexander Spiteri, from Mellieħa, who are pleading not guilty to money laundering, fraud and involvement in a criminal conspiracy.
The court previously heard how an internal investigation by Transport Malta, followed by criminal investigations led by an inquiring magistrate had found hundreds of vehicles sold by Rokku Auto Dealer, owned by the Vellas, and by Alexander Auto Dealer, owned by Spiteri, had their mileage rolled back by up to 110,000 kilometres.
Roderick Vella. Photo: Chris Sant Fournier480 vehicles identified
Cutajar gave an overview of his work when presenting an almost 600-page report documenting his findings.
He was tasked by the inquiring magistrate to extract data, analyze devices, examine vehicle computers, scan documents exhibited by Transport Malta, take down all relevant testimonies and conduct verifications of the alleged odometer tampering.
Given the extent of his brief, Cutajar involved two other experts who also presented the joint report on oath.
Cybercrime police had handed Cutajar several electronic devices seized during searches linked to the suspected fraud.
Twelve mobile phones, eight computers, 81 USBs and small storage devices as well as two loose objects, “OBD connectors,” were duly photographed and documented by Cutajar.
OBD (onboard diagnostics) connectors are used to tap into a vehicle’s computer to run tests and diagnose problems. They may also be used to read and clear codes.
The expert identified some 480 vehicles and reported back to the inquiring magistrate, suggesting a sample of some 50 or 60 vehicles to be inspected at the police complex at Ta’ Kandja.
On a scheduled date, 46 vehicles turned up. Each vehicle was photographed, its chassis number and other details documented and its mileage checked by means of an OBD scanner.
Some had tampered mileage.
Another batch of 34 vehicles turned up at a later date.
Meanwhile, some car owners had received a letter from Transport Malta directing them to present their vehicle logbook. Some of them did not comply.
Other owners went directly to the dealers from whom they had purchased the vehicles. An out-of-court settlement was reached and “all were happy,” said Cutajar.
He spoke to some 90 owners out of the 480 vehicles originally identified, documenting their vehicle details and taking down their statements, the expert explained.
‘The device can be operated by anyone’
“Did you find out who did the tampering?” asked defence lawyer Franco Debono when cross-examining the witness.
“No,” replied Cutajar. “The system does not require a fingerprint or password that is user unique … The device can be operated by anyone. So anyone could connect to and operate them [the devices seized].”
Under further questioning, the expert explained that the OBD connectors were seized from locations detailed on the relative evidence forms filled in by the cybercrime officers.
Such devices could be used by a mechanic to check faults in a vehicle, but they could also be used for tampering.
“Since they have multi-uses, you don’t exclude legitimate use?” pressed further Debono.
“Yes,” said Cutajar, pointing out further that genuine tampering of mileage could also be done under the authorization of the relative transport authority so that “mileage is adjusted legitimately.”
'I realized I was one of them'- car owner
A customer who had bought a Toyota Vitz model from Rokku Autodealer was alerted after reading media reports about the suspected scam.
When testifying at the compilation of evidence she recalled how she had checked by comparing her car documents with the relative odometer reading recorded on the Japanese JEVIC website.
“I realized I was one of them,” said the witness, presenting the relative papers in court.
She had bought the used model for €8,900 with a mileage of some 48,510 kilometres.
However, the reading on the JEVIC website was over 187,000 kilometres.
She headed to the showroom and pointed out the discrepancy to the Vellas.
She was offered an out-of-court settlement for €1,500 and signed an agreement renouncing legal action against the dealer.
Another customer who also bought a Toyota Vitz model from Rokku in 2019 said that he had received a notice about the suspected tampering from Transport Malta.
He headed to the auto dealer to confront him about the matter.
He asked for €2,000 by way of amicable settlement. He had bought the car for €5,500.
In the end, he got €1,000.
“I accepted,” the man told the court.
The case, presided over by Magistrate Rachel Montebello, continues.
AG lawyers Etienne Savona and Marthese Ellul Grech prosecuted.
Lawyers Jason Azzopardi, Franco Debono and Marion Camilleri are defence counsel.