Court clears man of cocaine possession

A 44 year-old man accused of cocaine possession with intent to traffick has been cleared after a magistrate held that the prosecution had failed to prove that the substances involved were, in fact, drugs.

Francis Formosa, from St. Paul’s Bay, had been arrested in February 2007 at around 11:30pm after a vehicle he was a passenger in was flagged down by a police patrol in the t'Alla w Ommu area of Naxxar.

The police noted something being thrown out of the passenger window after the driver was signalled to stop. A bag containing a white powder was collected from the scene and the two men in the car were arrested for further questioning.

During interrogation, the driver had denied ever using drugs, while the passenger, Formosa, denied throwing anything from the car. Formosa had refused to answer further questions.

Magistrate Natasha Galea Sciberras noted that at no stage did the prosecution request the substance recovered be analysed and as a consequence, the court could not be satisfied that the substance was cocaine, as alleged.

In addition, the magistrate noted that the while charges allege the crime was committed in August 2005,  the prosecution and witnesses had all testified that it occurred on the 25 February 2007. The accused’s statement was also dated 26 February 2007.

The magistrate found the accused not guilty of all charges and released him, also ordering the powdery substance be destroyed.

Lawyer David Gatt represented Formosa.