A man who in February was fined almost half a million euros over contraband merchandise allegedly found in his possession was let off the hook on appeal on Tuesday.

George Vella was convicted last February after searches in his Peugeot Partner van and a rented garage at Qawra yielded cigarettes, tobacco and alcoholic beverages in respect of which excise and other duties had not been paid.

He had been condemned to an eight-month jail term suspended for three years and a fine of €450,554.73.

On Tuesday, however, the court of criminal appeal presided by Madam Justice Consuelo Scerri Herrera upheld one of the grounds of appeal and acquitted Vella of all criminal liability.

The court observed that no magisterial inquiry had been conducted and the merchandise seized was not exhibited. What the prosecution presented were black-and-white photos of sealed boxes, cigarette labels and some bottles. 

The court observed that it would expect a magisterial inquiry to be held in such a case or in the absence of an inquiry, for a court expert to be appointed to examine the contents and report about his findings.

At least the prosecution should have exhibited clear photos of the opened boxes, revealing their contents. The beverages too should have been attested by an expert. 

Although the court could presume that the boxes contained cigarettes and alcohol, "presumptions have no place in criminal proceedings," the judge said.

The prosecution failed to produce the best evidence to prove its case beyond reasonable doubt, concluded the court, thus pronouncing an acquittal. 

Lawyer Roberto Montalto was defence counsel.