Times of Malta

Court expert could not zero in on who meddled with odometers

Car import companies facing charges over claims they rolled back mileage

- EDWINA BRINCAT

A digital forensics expert who examined a sample of imported Japanese used cars with tampered mileage said he could not tell who was responsibl­e for the suspected fraudulent tampering.

Keith Cutajar explained that certain devices seized by cybercrime police officers during searches related to the suspected odometer fraud racket were “multipurpo­se” and could be “operated by anyone”.

The expert was testifying during the compilatio­n of evidence against car import firm owners Roderick and Alison Vella, from Żabbar and Alexander Spiteri, from Mellieħa, who are pleading not guilty to money laundering, fraud and involvemen­t in a criminal conspiracy.

The court has heard that an internal investigat­ion by Transport Malta, followed by criminal investigat­ions led by an inquiring magistrate, had found that hundreds of vehicles sold by Rokku Auto Dealer, owned by the Vellas, and by Alexander Auto Dealer, owned by Spiteri, had their mileage rolled back by up to 110,000 kilometres.

480 vehiCles identified

Cutajar gave an overview of his work when presenting an almost 600-page report documentin­g his findings.

He was tasked by the inquiring magistrate to extract data, analyse devices, examine vehicle computers, scan documents exhibited by Transport Malta, take down all relevant testimonie­s and conduct verificati­ons of the alleged odometer tampering.

Given the extent of his brief, Cutajar involved two other experts who also presented the joint report on oath.

The cybercrime police had handed Cutajar several electronic devices seized during searches linked to the suspected fraud.

Twelve mobile phones, eight computers, 81 USBs and small storage devices as well as two loose objects, “OBD connectors”, were duly photograph­ed and documented by Cutajar.

OBD (onboard diagnostic­s) connectors are used to tap into a vehicle’s computer to run tests and diagnose problems. They may also be used to read and clear codes.

The expert identified some 480 vehicles and reported back to the inquiring magistrate, suggesting a sample of some 50 or 60 vehicles to be inspected at the police complex at Ta’ Kandja.

On a scheduled date, 46 vehicles turned up. Each vehicle was photograph­ed, its

nd chassis number and other details documented and its mileage checked by means of an OBD scanner. Some had tampered mileage.

Another batch of 34 vehicles turned up at a later date.

Meanwhile, some car owners had received a letter from Transport Malta directing them to present their vehicle logbook. Some of them did not comply.

Other owners went directly to the dealers from whom they had purchased the vehicles. An out-of-court settlement was reached and “all were happy”, said Cutajar.

He spoke to some 90 owners out of the 480 vehicles originally identified, documentin­g their vehicle details and taking down their statements, the expert explained.

‘the deviCe Can be operated by anyone’

“Did you find out who did the tampering,” asked defence lawyer Franco Debono when cross-examining the witness.

“No,” replied Cutajar. “The system does not require a fingerprin­t or password that is user-unique… The device can be operated by anyone. So, anyone could connect to and operate them [the devices seized].”

Under further questionin­g, the expert explained that the OBD connectors were seized from locations detailed on the relative evidence forms filled in by the cybercrime officers.

Such devices could be used by a mechanic to check faults in a vehicle but they could also be used for tampering.

“Since they have multi-uses, you don’t exclude legitimate use,” pressed further Debono.

“Yes,” said Cutajar, pointing out further that genuine tampering of mileage could also be done under the authorisat­ion of the relative transport authority so that “mileage is adjusted legitimate­ly”.

‘i realised i Was one of them’ – Car oWner

A customer who had bought a Toyota Vitz model from Rokku Auto Dealer was alerted after reading media reports about the suspected scam.

When testifying at the compilatio­n of evidence, she recalled how she had checked by comparing her car documents with the relative odometer reading recorded on the Japanese JEVIC website.

“I realised I was one of them,” said the witness, presenting the relative papers in court.

She had bought the used model, which had a mileage of some 48,510 kilometres, for €8,900. However, the reading on the JEVIC website was over 187,000 kilometres.

She headed to the showroom and pointed out the discrepanc­y to the Vellas.

She was offered an out-of-court settlement for €1,500 and signed an agreement renouncing legal action against the dealer.

Another customer who also bought a Toyota Vitz model from Rokku in 2019 said that he had received a notice about the suspected tampering from Transport Malta.

He headed to the auto dealer to confront him about the matter.

He asked for €2,000 by way of amicable settlement. He had bought the car for €5,500.

In the end, he got €1,000. “I accepted,” the man told the court.

The case, presided over by Magistrate Rachel Montebello, continues.

Attorney general lawyers Etienne Savona and Marthese Ellul Grech prosecuted.

Lawyers Jason Azzopardi, Franco Debono and Marion Camilleri are defence counsel.

 ?? FILE PHOTO: MATTHEW MIRABELLI ?? A report almost 600 pages long was presented in court detailing evidence gleaned from the electronic devices of the car importers who stand accused of odometer tampering.
FILE PHOTO: MATTHEW MIRABELLI A report almost 600 pages long was presented in court detailing evidence gleaned from the electronic devices of the car importers who stand accused of odometer tampering.

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