DG Courts ordered to pay 5000 Euro (Court of Magistrates, Malta)

13 July 2010, Valletta. The Court of Magistrates (Ref Avviz Nru 25/2010) ordered the Director General Courts of Justice to pay plaintiff 5000 Euro plus any interest due at law.

40,000 Euro were lifted from the Plaintiff's possession by the Comproller of Customs, and exhibited in criminal proceedings instituted by the Police, against the same individual. In the meantime the moneys were kept in a safe, in court. After the moneys were exhibited during the course of the court proceedings, they were returned to the Court's safe. In due course the plaintiff was found innocent in the criminal proceedings, and  obtained authorisation to retrieve the money (which, during the course of the proceedings, was deposited in court). When the envelope was given to him, only 35,000 Euro were found.

The Court of Magistrates ruled that, from the evidence there was no doubt that 40,000 Euro were deposited in Court. The Court decided the matter on the Civil Code provisions dealing with deposit, including:

1899. A depositary must, for the custody of the thing deposited, use the same diligence which he uses for the custody of his own things.'

Reference was also made to past judgements such as Dimech v. Commissioner of Police (29 April 1996, Appeal) on which occasion the Court stated:

'Ir-responsabbilita' ta' depositarju hija dik ta' bonus paterfamilias u hu ghandu l-obbligu li jipprova li ma setax jevita t-telf tal-oggetti hekk lilu konsejnati, u fin-nuqas iwiegeb ghad-danni'

Translation: 'the responsibility of the depository is that of the good head of the family and he is obliged to prove that the loss of the things consigned to him was unavoidable, if he fails to prove as much he is liable to damages.'

To read the full text of the judgement click here