Man acquitted of trafficking cocaine after court declares statement inadmissible, substance never tested

A 27-year-old Maltese man has been declared not guilty of trafficking cocaine after a court observed that the substance was never confirmed to be the drug and his initial statement to the police was inadmissible.

Amor Mouldi, from St Julians, was stopped and searched by police, together with another man, on 24 December 2008 as he was walking in Paceville. Officers discovered the other man to be carrying two sachets of white powder, which they suspected to be cocaine.

The other man told officers that Mouldi had given him the cocaine, leading to both men being arrested.

Upon his arrest, Mouldi had released a statement to the police without being assisted by a lawyer at any stage.

In 2014, six years after his arrest, Mouldi was charged by writ of summons, with trafficking and possession of cocaine.

But when court proceedings commenced, it emerged that the prosecution had failed to notify the accused with the date of his court sitting. Neither had the prosecution summoned the other man, arrested with Mouldi, to testify.

Magistrate Natasha Galea Sciberras acquitted Mouldi of trafficking, ruling the man’s statement to be inadmissible in light of the more recent amendments to the law, which require suspects to be assisted by a lawyer whenever they were questioned by police, as well as because the substance was never tested.

He was also acquitted of the drug possession charge, as this had been time-barred by the lapse of five years.

Inspector Pierre Grech prosecuted. Lawyer Edward Gatt was defence counsel.