Probation for man who stole cash from ATM, then returned the money

Court noted early guilty plea and accused's need for guidance to help him reform

A 41-year-old man has been placed under a three-year probation and treatment order for alcohol abuse after admitting to stealing cash from an ATM in Ħamrun. 

The court heard how, on May 18, the victim reported the theft at the Ħamrun police station explaining that four days earlier he had withdrawn money from the HSBC ATM on High Street, Ħamrun but thought the machine had not dispensed any cash. However, after checking with his bank, officials confirmed that the funds had indeed been successfully deducted from his account.

Police officers retrieved CCTV footage from the scene, which showed another man taking the money from the machine. Although investigators initially could not identify the man, police officers on patrol in Marsa later spotted an individual carrying the exact same bag and wearing the same jacket and items from the day of the incident. The suspect, identified as Driss Smaini from Morocco was arrested on the spot.

 Smaini pleaded guilty during his arraignment. The prosecution confirmed that he had already fully compensated the victim and returned the stolen items.

In her judgment, Magistrate Gabriella Vella took into consideration the accused's early guilty plea, his clean criminal record and the fact that the victim had been reimbursed. However, noting the accused's character and the need for guidance to help him reform, the Court placed Smaini under a three-year probation and treatment order to address his alcohol addiction.

The prosecution was led by Inspector Ritienne Gauci assisted by lawyer Miguel Taliana. Lawyer Noel Biaco appeared for the accused.

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