Two charged with trafficking ecstasy outside Armier beach party

Inspector Jonathan Cassar charged Gordon Micallef, 19 from Birkirkara and 21-year-old Kevin Gauci from Mellieha with aggravated possession of ecstasy in amounts that suggested the drugs were not meant for personal use.

Prosecuting Inspector Jonathan Cassar told Magistrate Doreen Clarke that the he had stopped Micallef as he was trying to get in to a party in Armier. 75 ecstasy pills were found in his possession when he was stopped.

Micallef, a 19 year old plasterer from Birkirkara, pleaded not guilty to the charges and requested bail, which was instantly objected to by the prosecution, saying the accused was not trustworthy. The inspector also pointed out that Cassar was already on bail after being charged with possession of 90 ecstasy pills in January.

Defence lawyer Joe Brincat, argued out that “unless the law has changed, there was a presumption that the accused was innocent.”

“It is unacceptable to say that a person is untrustworthy as a justification to oppose bail. If there is a risk of him approaching witnesses, it would be, but the prosecution has already gathered all its evidence. Bail should be refused only when there is a risk of tampering with evidence,” argued the veteran lawyer.

The court however, after taking into account the nature of the charges faced by the young man, did not grant Micallef bail.

Gauci, a mechanic by trade, was charged with aggravated possession of 28 ecstasy pills and simple possession of cocaine.

Gauci's lawyer, Lorna Mifsud Cachia, entered a plea of not guilty to the charges and requested bail, as the young man's parents looked on from the back row of the courtroom.

Inspector Cassar explained that the crime was similar to the previous arraignment, but the amount of pills was less.

Mifsud Cachia emphasised that Gauci had been arrested with a much smaller amount than Micallef. He had been arrested near a place frequented by youths, simply because he happened to be passing by there, said the lawyer. There was no risk that the accused would attempt to abscond or approach witnesses and the presumption of innocence should prevail, Mifsud Cachia submitted.

The court upheld Gauci's request for bail, releasing him from custody against a €500 deposit and a personal guarantee of €3,000, also ordering the man to surrender his passport and ID card, sign a bail book three times a week and obey a curfew.