Usury 'probably concocted' by man to avoid paying debt

A man accused of usury was acquitted yesterday after being found to have been the likely victim of a lie by a man who owed him money.

Francis Gabriele had lent John Cardona €13,980 after they signed a contract at a notary on condition that Mr Cardona would pay back the amount within three months.

Mr Cardona had told Mr Gabriele he needed the money to open a business. However, the payments were irregular and, at one point, Mr Cardona had an outstanding amount of €2,796.

At that point, Mr Cardona filed a police report about Mr Gabriele claiming that he had been threatened and that over six years he had actually paid him €34,950. He alleged he had initially borrowed only €230 but, after he failed to pay the money back, the amount he owed kept rising.

Mr Gabriele admitted to threatening Mr Cardona when he demanded his money back but insisted he had lent Mr Cardona the money mentioned in the contract and had not been paid back in full.

Magistrate Audrey Demicoli questioned the credibility of Mr Cardona's testimony and said it seemed he made up the whole story in order to avoid paying the outstanding amount.

The court cleared Mr Gabriele of usury but fined him €500 for making threats over the outstanding amount on his own admission.

Police Inspector Ivan Cilia prosecuted. Lawyers Franco Debono and Marion Camilleri appeared for Mr Gabriele.