Drug trafficker freed of all charges after mistake in charge sheet

Charge sheet error leads to acquittal of man sentences to three years in prison over drug trafficking

A 23-year-old man who was sentenced to three years in prison for trafficking drugs, was acquitted of all charges after a court of appeal heard how the prosecution had made a mistake in the charge sheet.

It appears that the prosecution, led by Inspector Gabriel Micallef, wrote that the accused committed the crime on the night between 8 and 9 August, when in fact, the arrest was undertaken on the 9 September 2013.

Lawyers Franco Debono and Marion Camilleri had filed an appeal and argued that the accused, did not commit the crime on the date provided in the charge sheet.

Andre Falzon had admitted to the charges brought against, which included the accusation of being in possession of 57 ecstasy pills. For these charges, the accused was handed a year in prison with a €1,000 fine. The court had also recommended that Falzon should start a drug rehabilitation programme to fight his drug addiction problem. He was also accused of having cannabis in his possession and other drugs within less than a hundred metres from a school or a club.

The youth was arrested during a party which was being held at the old prison grounds in Corradino. He had confessed to the police that he was in possession of drugs and meant to sell them.

The defence argued that Falzon should be cleared of all charges because the date in the charge sheet was erroneous.

Court acquitted the accused and freed him from all charges.

In a statement issued earlier today, home affairs minister Carmelo Abela announced he has ordered the police board to carry out an investigation into the case. The police board is chaired by judge Francesco Depasquale.