Maltese policeman cleared of overtime fraud linked to Marsa roadworks scheme
Jean Paul Formosa acquitted of all charges after court finds prosecution failed to meet the legal standard of proof. The case centred on €3,807 in disputed extra-duty payments.
Police officer Jean Paul Formosa acquitted over Marsa overtime fraud
A Maltese police officer accused of fraudulently claiming overtime payments has been acquitted of all criminal responsibility, after the court found that the prosecution had failed to prove its case to the standard required by law. Times of Malta reports that Magistrate Donatella Frendo Dimech delivered the ruling on Monday.
Jean Paul Formosa was found not guilty of fraud, complicity in making or using false declarations, and an aggravated charge applicable to a public officer who commits an offence he was supposed to prevent.
The acquittal comes less than a month after two other police officers were cleared of similar accusations connected to the same scheme. The court had also criticised the prosecution in that earlier decision.
Whistleblower report triggered investigation
The case originated from a 2019 whistleblower report raising concerns that scores of officers had been paid for extra duties they had not performed, with the allegations centred primarily on the Marsa roadworks project.
Investigators claimed Formosa received €3,807.13 in extra-duty payments for shifts in Marsa, while his mobile phone data appeared to place him in Qawra or other localities. The prosecution argued that this location evidence demonstrated he had not been present at his assigned post.
During questioning, Formosa denied any wrongdoing and maintained he had carried out all his duties. He told the court the system used to organise and record extra duties was flawed, and described the allegations against him as a frame-up.
Court criticises quality of evidence
Magistrate Frendo Dimech was critical not only of the prosecution's case but also of the quality of the investigation itself. The court pointed out that the prosecution had failed to obtain or produce key evidence, and noted that despite filing voluminous material, much of it was unrelated to Formosa. A vital document was described by the court as almost illegible.
The mobile phone location data, central to the prosecution's argument, was undermined by several technical factors. Formosa's data tracker had been disconnected, resulting in lost records, and of the 27 motorcycles examined by investigators, only four consistently transmitted location data.
The court also heard that officers assigned to traffic management duties were not necessarily required to remain in Marsa throughout a shift, as they could be deployed to cover surrounding areas — a detail that further weakened the prosecution's position.
No evidence of collusion established
The court found that the evidence did not sufficiently establish Formosa's involvement in fraudulent claims, nor did it demonstrate that he had supplied false information in collusion with others. Notably, there was no evidence of communication between Formosa and police sergeant Norman Xuereb, who has been identified as the mastermind of the racket.
Former Infrastructure Malta CEO Frederick Azzopardi testified that the agency had received the traffic-management services it paid for. The court concluded from this that the prosecution had failed to establish the financial damage necessary to sustain the fraud charges.
Systemic failings identified
Beyond the verdict itself, the court identified broader institutional failures within the police traffic detail. It described a serious lack of supervision and monitoring as having created a 'laissez-faire' atmosphere in which officers 'arranged among themselves'.
The court called for clear written rules and updated communication protocols between the Traffic Section, Control Room and payroll, alongside tighter supervision of the extra-duty system.
Formosa was represented by lawyer Nicholas Mifsud.
The acquittal adds to a series of courtroom setbacks for the prosecution in this case. As Times of Malta reported in June, Norman Xuereb — the police sergeant jailed for his central role in the scheme — had subsequently been reinstated to the police force.
Source: Times of Malta