Confused Gambian pleads guilty, then not guilty to drug and theft charges

A court's patience was sorely tested this afternoon after a man arraigned on aggravated theft and drug charges tried to change his plea after the sitting was over.

Osman Jarju was arraigned before duty magistrate Claire Louise Stafrace Zammit, charged with aggravated theft and cannabis possession.

Jarju, from Gambia, had been spoken to by police in connection with the theft of an iPad from a car parked in St Julian's on 21 January this year and the next day was found to be in possession of cannabis. The police are understood to have issued him a summons to appear in court at the time, but Jarju had then dropped off the radar for 11 months, changing his address without informing the police.

When he was arrested at St Paul's Bay in the early hours of this morning - once again for cannabis possession and this time apparently intending to traffic the drug - the decision was taken to arraign him under arrest.

The court was told that Jarju was generally uncooperative and had given police three different dates of birth: two in 1992 and one in 1995, during questioning.

The man's posture appeared to speak volumes about his attitude towards the proceedings. The well-dressed accused sat in the dock with legs spread-eagled, resting his outstretched arms on the bench's backrest. Ordered to stand up, he stood with hands in pockets, head cocked to one side.

The charges were read out and after his lawyer explained the charges to him, he pleaded not guilty. Moments later he asked: “Guilty for what?”

The drugs were for his personal use, he mumbled, after the charges were explained to him again. It eventually emerged that he wanted to admit to drug possession, but not to theft or aggravated possession. The plea of not guilty was confirmed and bail was not requested. The court ordered the acts be sent to the registrar so as to be assigned according to law.

But hardly had the magistrate finished uttering the order ending the sitting, when the man piped up again saying he wanted to change his plea to an admission, claiming that he hadn't understood the charges.

The court refused, pointing out to the man that he could not say he didn't understand, having previously communicated successfully in English with the police, as well as having refused to be assisted by an interpreter.

“I didn't understand the question, I understand English but the way you talk I don't understand,” Jarju said. The court replied that it was too late and the plea had been recorded.

“But I'm guilty,” Jarju insisted, to his lawyer's evident exasperation. Equally exasperated, the court informed the man that he was not being permitted to retract his plea and explained that he could change it the next time he appeared in court. “A guilty plea can be filed at any stage in criminal proceedings,” the court pointed out.

Inspector Nicholas Vella prosecuted, while lawyer Mark Mifsud Cutajar was defence counsel to the accused.