MALTA: Defendants' names withheld in Carousel fraud

on Monday, January 22, 2007
By MaltaMedia News
Jan 20, 2007 - 8:32:46 PM

The Court has banned the publication of the names of four Maltese defendants in a money laundering case. Following a five-year magisterial inquiry, the three men and one woman were charged on Friday with what has been dubbed the ‘Carousel fraud case’.

The Court heard how Lm900,000 were transferred from Italy into Maltese bank accounts, changed into two bank drafts and distributed through a brokerage.

The woman is a secretary and a representative of several companies and the three men are a company director, a former bank branch manager and a brokerage director. Names of banks and companies are not being published as they may throw light on the identity of the accused, which the court presided by Magistrate Lawrence Quintano has decreed should not be divulged.

Investigations started back in 2001 when the Italian authorities asked the Maltese authorities for their help in investigating the case. The Italian authorities listed a number of Maltese companies they believed may have been involved in the fraud. In August 2001, the Maltese courts issued an order allowing the investigation of the companies listed and the seizure of any relevant documents.

The money circulated from one bank to another and from one company to another thanks to the positions held by the four accused. Two bank drafts, one for about Lm269, 480 and another for about Lm629, 380 were involved.

Police Inspector Antonovich Muscat is prosecuting.

Lawyers Joseph Giglio, Martin Fenech, Robert Abela and Emmanuel Mallia are appearing for the accused.

Meanwhile, the Journalists' Committee has strongly objected to the ban on publication of the names of the four defendants and the companies and banks involved in the Carousel fraud case.

Journalists' Committee chairperson Karl Schembri said in a press release, "The decision to shield the names of both defendants and other financial institutions through a ban on their publication constitutes a disregard for journalists' duty to inform the general public of such an important criminal investigation.”

It also serves to reinforce the general notion that financial institutions, companies and their employees or directors can enjoy a privileged ban on the publication of their identity. This goes against the public's right to know and see that justice is being carried out transparently, and goes against the courts' own practice in other criminal procedures, Mr Schembri said.

Such bans should be limited only to protecting the identity of minors and vulnerable victims, Mr Schembri concluded.

© Copyright 2007 by MaltaMedia.com

http://www.maltamedia.com/artman2/publish/law_order/printer_275.shtml

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