A solitary fingerprint on the glass pane of a Sliema public kiosk that was broken into was not sufficient to nail the suspect thief.

Keith Joseph Mallia, 50, was prosecuted over his alleged involvement in the robbery on the night of December 13, 2015.

The following morning, an employee at the kiosk reported that the door was damaged and that a mobile top-up vending machine and an amount of cash were missing. 

A representative of the company owning the vending machine testified that the value of the machine, including customs and transport costs, totalled €3,700.

Forensic experts later confirmed that a fingerprint from the glass pane of the kiosk at the Sliema seafront matched that of the accused’s left middle finger. 

However, under interrogation, Mallia denied involvement claiming that he was asleep at home at the time of the alleged incident and had no idea of the location of the kiosk.

Asked about the fingerprint he replied, “How should I know? He’s driving me crazy.”

Mallia’s son and a friend were both charged with involvement in the theft. 

Upon the evidence put forward, the court questioned whether a solitary fingerprint was enough to prove the charges beyond a reasonable doubt. 

Magistrate Claire Stafrace Zammit observed that there was no proof as to whether the fingerprint had been lifted from the inner surfaces of the kiosk. 

The prosecution had not managed to prove that the evidence pointed in one direction, namely that the accused was involved in the break-in, even in view of the fact that the kiosk was a public spot.

In light of such considerations, the court cleared the accused of all criminal liability. 

Lawyers Franco Debono and Francesca Zarb were defence counsel.