Malta Civil Servant Raymond Cutajar Acquitted of Fraud in €41,000 Discrepancy Case

Acquittal Confirmed by Court of Appeal

The Court of Appeal in Malta has upheld the acquittal of Raymond Cutajar, a civil servant previously accused of fraud and misappropriation. The case revolved around a €41,000 discrepancy identified at the Ministry for Sustainable Development, Environment and Climate Change, where Cutajar was employed. The decision, confirmed on January 9, 2026, brings to a close a legal battle that began with an internal investigation into financial irregularities.

Details of the Discrepancy

Raymond Cutajar served as a senior clerk at the Ministry, with responsibilities including the purchase and distribution of top-up cards between 2014 and 2016. An internal inquiry revealed that while €48,555 had been issued for these cards during the three-year period, only an estimated €7,000 to €7,500 worth were actually distributed. This left a significant shortfall of approximately €41,000, prompting the fraud allegations.

Legal Proceedings and Attorney General's Appeal

The initial ruling by the First Court had acquitted Cutajar of all charges. However, the Attorney General subsequently lodged an appeal, contending that Cutajar should have been found guilty based on documents presented during the investigation. The Attorney General's office argued that the evidence was sufficient to establish guilt.

Court of Appeal's Rationale

Presided over by Judge Consuelo Scerri Herrera, the Court of Appeal concurred with the First Court's assessment regarding the evidentiary shortcomings. The court determined that the documents presented by the prosecution were not authenticated, rendering them inadmissible as 'best evidence'. Furthermore, Judge Scerri Herrera highlighted the prosecution's failure to provide adequate proof to definitively establish the exact quantities of top-up cards purchased, issued, and distributed. The Court also drew a clear distinction between administrative irregularities and criminal offenses, emphasizing that the burden of proof for a crime had not been met. An allegation concerning Cutajar's alleged drug addiction during the investigation period was also noted but deemed insufficient to establish guilt.