A magistrate has cleared a 34-year-old man from Cospicua over an armed robbery at a gaming parlour in his hometown in 2015 after ruling that the prosecution had not managed to prove its case beyond reasonable doubt.

Marflene Cricchiola was declared not guilty of stealing €6,400 at gunpoint from the BestPlay outlet on February 11, 2015.

Magistrate Claire Stafrace Zammit ruled that there was no conclusive evidence that it was the accused who had committed the armed robbery. CCTV footage was useless as the person had covered his face while reports about the thief’s stature did not prove that it had been him and not someone else.

The parlour’s manager described the robber as being of medium stature, well-built and wearing a blue hoodie. He had told the police that he suspected it had been the driver of a red Mazda CRX Del Sol who was involved as he had seen it in the vicinity.

Whilst patrolling the area, the police spotted the car in question and saw the accused getting out of it, wearing a white T-shirt and blue tracksuit trousers - which did not match the description.

A Best Play employee who was there at the time of the armed robbery could not identify the assailant while testifying in court but said he was of similar stature. CCTV and fingerprint evidence were inconclusive.

The court said that the only evidence that could tie the accused to the crime was his stature and some scratches on his arm. The magistrate noted that none of the witnesses had recognised Cricchiola and that no fingerprints were identified at the scene, despite the fact that the robber was not wearing gloves.

She said that although the accused was arrested a short while after the robbery, nothing incriminating had been found on his person or in his car.

The magistrate, therefore, declared Cricchiola not guilty of the charges.

Police superintendent Josric Mifsud and inspector Saviour Baldacchino prosecuted while lawyers Franco Debono and Marion Camilleri were defence counsel.