A fisherman who bought a trawler from Egypt with some 20,000 litres of fuel in its tanks was yesterday acquitted of failing to pay excise duty on the fuel after the magistrate ruled that the prosecution had failed to prove its case.

Charlet Abela, 23, of Marsaxlokk, was stopped by customs officers on October 14, 2009 as he was driving a truck through the same village carrying about 6,000 litres of the diesel fuel.

The customs officers then found the rest of the fuel still on the trawler berthed in Marsaxlokk.

The owner of the trawler was Paul Piscopo, 50, also of Marsaxlokk, who was charged with failing to pay excise duty on the fuel and trying to hide 20,000 litres of fuel to avoid paying duty.

Mr Abela was charged with being in possession of fuel on which excise duty had not been paid.

Mr Piscopo told the court that he had bought the boat from Egypt together with the fuel on board and shortly after arriving in Malta realised that the boat needed repairs.

In order to carry out the repairs, he needed to remove the fuel and asked Mr Abela to transport some of it to another trawler he owned. Customs stopped Mr Abela as he was driving the load away, he said. Magistrate Antonio Micallef Trigona said the prosecution failed to show how the fuel had to be subjected to excise duty when it was being used by the boat. The fuel was part and parcel of the purchase of the boat, he said.

Furthermore, Mr Piscopo was transferring the fuel to carry out repairs and not trying to avoid paying excise duty.

The magistrate said he did not agree that the fuel was imported for other uses and acquitted both Mr Piscopo and Mr Abela.

Police Inspector Maurice Curmi prosecuted.

Lawyer David Camilleri and Jose Herrera appeared for the accused.