Nurse charged with defrauding 95-year old relative of €69,000
Woman allegedly used power of attorney to withdraw money, make purchases, and transfer funds
A nurse has pleaded not guilty to misappropriating and defrauding an elderly distant relative of over €69,000.
Nicole Dalli Grech, 27, appeared in court on Friday afternoon after she was arraigned under summons and was accused of money laundering, misappropriation and defrauding a 95-year-old man, who is distantly related to her. She denied the charges.
Police inspector Wayne Rodney Borg explained that the officers from the Birkirkara Police Station went to Casa Antonia after one of their residents whose mobility is impaired wanted to file a police report.
The man told the officers that in 2021 he had an incident at home and was subsequently treated at Mater Dei Hospital. While he was a patient, Dalli Grech approached him saying that she was a distant relative and offered to help him.
After he was discharged, the man was first admitted to a care home in Naxxar on his request and later to Casa Antonia.
Borg explained that the accused allegedly told the victim that Bank of Valletta had raised concerns about the signatures on cheques used to pay the care homes, as the victim had limited mobility. It was then agreed that he would grant Dalli Grech power of attorney, which was executed before a notary in March 2023.
The accused then ask the man for €150,000 to renovate her home. He declined but offered to lend her the amount instead. A contract was drawn up and signed, but the elderly man later “found out” it was a donation and not a private loan.
However, the police found nothing illegal after they spoke with the notary, who recalled the man asking whether there will be funds on his account to donate to the Church and religious orders after his passing.
The elderly man, who was a chief financial officer in his younger years, became suspicious, Borg said, explaining how in November 2023 the alleged victim had requested bank documents from the accused and she provided him with something else.
An inquiry was launched and the man’s sworn testimony was taken.
When he discovered that a cheque from the Social Security Department was issued to Dalli Grech on his behalf, he raised further suspicions. The man also opted to record his version of events in affidavit.
The investigation found that Dalli Grech had allegedly bought several objects using the alleged victim’s money and had also transferred money from his account to hers, without the man’s authorisation. She had also issued a credit card on the man’s account and was withdrawing money from it, with the police concluding that she had misappropriated €69,062.
The police did not issue any charges in connection with the €150,000 donation.
Borg presented the copy of the cheque from the Social Security Department, the donation contract, and workings showing how the police calculated the amount allegedly misappropriated by the accused.
The workings showed transactions from the alleged victim’s Bank of Valletta account to Dalli Grech’s. There were payments made at several clothes shop and other department stores, withdrawals at the Malta International Airport, and payments in Venice, among others.
Under cross-examination, Borg clarified that the police investigated the €150,000 claim, and further investigation found other alleged wrongdoing.
Under interrogation, Dalli Grech said that Borg was a distant relative. The inspector could not recall exactly how they were related. She also explained that someone in her family had informed her about the man’s situation and that he was in Mater Dei Hospital, and she went to see him after being asked to assist him.
A sergeant from Birkirkara police station also testified about his role in the investigation, explaining that he went to the care home to take the man’s sworn testimony in the presence of the inquiring magistrate. He explained that the alleged victim gave his power of attorney to the head of the care home after he revoked Dalli Grech’s.
At the end of the sitting, the court upheld the prosecution’s request for a freezing order to the tune of €69,062.
It issued a protection order in favour of the victim despite the defence’s objections.
The court also ruled that there was enough evidence for the accused to stand trial.
Magistrate Leonard Caruana presided over the case.
AG lawyer Nicole Sladden prosecuted, assisted by police inspector Wayne Rodney Borg.
Lawyer Patrick Valentino appeared for the accused while lawyer Paula Briffa appeared parte civile.