Police vs Ebejer — Shop Manager Misappropriates Company Funds

A shop manager pleaded guilty to misappropriating company funds but avoided imprisonment after fully repaying €3,360 to the injured party.

Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr. Caroline Farrugia Frendo B.A. (Legal and Humanistic Studies), LL.D., M.Juris (International Law), Dip. Trib. Eccl. Melit. · 4 May 2026

Alexander Ebejer, a 38-year-old shop manager at The Convenience Shop on Triq in-Naxxar, San Ġwann — part of the CSC Retail Limited (C66808) operation — was charged with misappropriating funds entrusted to him in his professional capacity as manager. The alleged offending took place on or around 28 March 2023 and in the weeks preceding that date. The charge fell under Articles 293, 294, and 310(1) of the Criminal Code, Chapter 9 of the Laws of Malta, relating to misappropriation where the damage exceeds €5,000. At the hearing on 4 May 2026, Ebejer entered an unequivocal guilty plea to all charges against him. The Magistrate, following established procedure, solemnly warned the accused of the consequences of his admission, gave him time to reflect and re-consult his lawyer, and satisfied herself that he understood the implications before confirming the plea. The court was therefore not required to gather further evidence. A significant development emerged during the same sitting: the prosecution, the civil party (parte civile), and the defence jointly declared that the actual amount misappropriated was less than €5,000 — specifically placing it within the €500–€5,000 bracket under Article 310(1)(b) of Chapter 9. Furthermore, the injured company confirmed it had been fully repaid the sum of €3,360 by Ebejer, submitting a written agreement (Dok MCE1) and a receipt (Dok MCE2) as supporting evidence. The civil party renounced any further claims. Taking into account the full repayment, the accused's efforts to remedy the situation, the injured party's satisfaction and lack of interest in further proceedings, and the joint recommendation against a custodial sentence, the Magistrate found imprisonment inappropriate. Instead, the court applied Chapter 446 of the Laws of Malta, discharging Ebejer conditionally on the condition that he commits no further offence for three years. He was also ordered to pay court costs of €8,299.53 within 36 months.

Alexander Ebejer found guilty on his own admission. Conditionally discharged under Article 22 of Chapter 446 for 3 years from 4 May 2026. Ordered to pay court costs of €8,299.53 within 36 months. Full restitution of €3,360 to the injured party confirmed as already paid prior to sentencing.

Under Article 310(1)(b) of the Maltese Criminal Code (Ch. 9), misappropriation involving between €500 and €5,000 carries a lesser tariff than amounts exceeding €5,000 — the actual amount proved at sentencing can therefore significantly affect the applicable penalty range.
Full restitution to the injured party before sentencing is a powerful mitigating factor in Maltese criminal law; it can shift the court away from a custodial sentence entirely, especially when the civil party formally declares satisfaction and renounces further claims.
Chapter 446 of the Laws of Malta provides for conditional discharge, allowing a guilty defendant to avoid a criminal record for the offence if they commit no further crimes within the specified period — here three years.
In Maltese Magistrates' Court procedure, a guilty plea (ammissjoni) must be solemnly verified: the court must confirm the accused had sufficient time to reflect, understood the consequences, and had adequate access to legal counsel before the plea is accepted.
Court costs in Maltese criminal proceedings can be substantial and independent of any fine or restitution order — in this case €8,299.53 was imposed even though no fine or imprisonment was ordered, payable over 36 months.

Criminal Code Ch. 9 — Arts. 293, 294, 310(1)(b) (misappropriation by person in position of trust); Ch. 446 Art. 22 (conditional discharge); Ch. 9 Art. 533 (court costs)