A fruit and vegetable seller who stands accused of defrauding three people out of €25,000 was assaulted days ago over the alleged fraud, a court heard on Wednesday.
Noel Bonello, 42, who told the court that he ran a greengrocer's store, pleaded not guilty to charges of misappropriation and fraud to the tune of €25,000.
His lawyers Franco Debono and Noel Bezzina told the court that Bonello had cooperated with police investigators and had also refunded one-fifth of the total sum allegedly swindled - €5,000.
Yet prosecuting inspectors Wayne Camilleri and Shaun Pawney pointed out that Bonello had only made the partial repayment after he was manhandled, threatened and blackmailed in relation to the alleged crime.
In fact, police had received a report on Saturday about the alleged aggression, the court was told.
“So he did not pay out of his own free will,” argued the prosecutors, who argued that the accused was untrustworthy.
Although initially inclined to register an admission, Bonello had a change of heart after the court, presided over by magistrate Charmaine Galea, observed that he had been handed a three-year probation order over similar charges.
“This court has already afforded him a chance and he did not take it. The probation order does not seem to have worked,” remarked Magistrate Galea.
“As soon as that probation period came to an end, we’re back here,” said the court.
The man’s lawyers filed a plea of not guilty, arguing that the accused was still presumed innocent and that the facts linked to the previous case had no bearing whatsoever in relation to today’s fresh charges.
Suggesting bail supervision, lawyer Franco Debono argued that if denied bail, the accused would end up in a worse position since he would forfeit his income.
Moreover, the man’s record sheet was not something “out of this world,” argued Debono, reading out from the document which indicated a conditional discharge and a petty €23 fine, besides the probation order mentioned by Magistrate Galea.
The prosecution objected to bail, in view of the risk of tampering with evidence, explaining that the three vulnerable victims were also the main witnesses and more could come to light since police investigations were still ongoing.
After hearing submissions the court upheld the request for bail against a deposit of €2000, a personal guarantee of €10,000, an order to sign the bail book three times a week and under a curfew between 10:00pm and 5:00am.
Bonello was warned not to approach any of the prosecution witnesses.
The court also upheld a request by the prosecution for a ban on home location of the accused, so as to safeguard his personal safety, as well as a ban on the names of all victims.