Contractors JPM Brothers were this morning acquitted of bribing the former private secretary of Tonio Fenech, then Finance Minister.
Noel Borg Hedley, of Gzira, had in May 2011 admitted to receiving bribes from property developers JPM Brothers to reduce or waive fees owed to government departments that fell under the Finance Ministry in 2008. Mr Borg Hedley had been Mr Fenech’s canvasser and a member of the secretariat until 2007.
Magistrate Audrey Demicoli said this morning that the prosecution was basing its case on Mr Borg Hedley’s confirmation that he had received four cheques from the brothers, amounting to €2,000, as appreciation for his work.
However, the prosecution did not prove that the money was given to Mr Borg Hedley before the crime.
The defence, the magistrate said, was correct to say that in Malta’s legal system “bribery after the fact” did not exist.
She said that no concrete and clear proof was given that Mr Borg Hedley had accepted payment beforehand.
There was no doubt that it was wrong of him to accept the money but he should not have been charged with bribery but under a different law.
Lawyers Joe Giglio and Stephen Tonna Lowell appeared for JPM Brothers.
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