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Clarissa Cachia's acquittal
Jurors
ignore ‘Zeppi l-Hafi' testimony
The jurors in the case of Clarissa Cachia made the significant decision
last Wednesday to favour her testimony and brushed aside Joseph
Fenech's version of events, in a case where the accused had even
stated that her own brother, Meinrad Calleja, had deceived her.
Fenech, better known as "Zeppi l-Hafi", had stated that
Clarissa Cachia knew that she had drugs and wanted to sell them
to third parties.
After four hours of deliberation, the nine jurors arrived at a verdict.
Their job was to decide whether Fenech who stated that Cachia knew
about the drugs was to be believed, or the accused, Cachia said
in court that she thought her brother had given her foreign currency.
Cachia was not found guilty by seven votes to two, on charges of
possession of cocaine and conspiracy to traffic drugs.
She had told the Criminal court on Tuesday that her brother deceived
her when he gave her a drug package because he had told her it contained
foreign currency.
In her testimony she said: "I was prepared to do anything for
my brother, within reason of course, but I would definitely not
have done something like that."
Fenech was granted a presidential pardon to testify in this and
other cases but the 7-2 acquittal means that his testimony did not
hold much weight with the jurors.
"Zeppi l-Hafi" told jurors last Monday that Cachia knew
she was carrying drugs and would not let go of the package before
she got the Lm14,000.
Fenech said that towards the end of November 1993, Meinrad Calleja
who is himself being tried by jury on drug conspiracy charges related
to the seizure of the package, gave his sister a sealed sachet with
nearly one kilogramme of cocaine and that Clarissa was ready to
pass it on to him (Fenech) or other people indicated by Fenech himself
for an agreed price.
But Cachia had said that she had never touched the package or tried
to open it to see what was inside as she had taken her brother's
word for it. She also said that she had trusted her brother, who
was always going abroad.
Ironically, the defence had not wanted Joseph Fenech to testify,
even though his questionable reliability probably played a major
role in her acquittal. But the court decided otherwise.
In accepting Cachia's defence, jurors reached a verdict in line
with the law as it stood in 1993, which allowed the defence of a
mistake of fact.
Cachia was arrested with Zeppi l-Hafi, in St Julian's on 1 December,
1993. He claimed she knew she was carrying nearly one kilogramme
of cocaine in the package wrapped in brown tape. Senior counsel
to the republic Dr Mark Said prosecuted.
Drs Joseph and Veronica Galea Debono appeared for Cachia. Senior
counsel to the Republic Mark Said prosecuted.
Cachia's father, Brigadier Maurice Calleja, as always, was present
to hear the news, along with her brother Patrick. She was then escorted
out of the courts with her husband's arm firmly around her shoulder,
a free woman.
The pair walked out of the building, ignoring the barrage of camera
flashes and the press. They headed off down Republic Street, walking
towards City Gate.
As soon as they got past the Court Building, the couple quickly
exchanged a kiss before going home.
On one occasion, Joseph Fenech, who was pardoned for his participation
in the crime, became locked in a verbal battle with Ms Cachia's
defence counsel, Dr Joe Galea Debono and Dr Veronica Galea Debono.
Many observers are now asking whether Fenech's pardon which, after
all, was given to allow justice to prevail, is itself justified?
If ‘Zeppi l-Hafi' is not being believed by court, will the
true criminals ever be brought to justice?
One could also question whether Meinrad Calleja's own credibility
has taken a knock since his sister told the Criminal Court that
her brother deceived her.
But no. The proceedings in Meinrad Calleja's case are a totally
different ball game, and we can only watch and wait for the outcome
here.
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