Drugs charges declared time-barred after police fail to charge man after five years

A 37-year-old prison inmate from Kalkara has been cleared on drugs charges dating back to 2006 after the case against him was declared time-barred. 

Allan Grima, who is currently serving several prison sentences for drugs and theft convictions, was accused of possession of cannabis resin and heroin and attempting to introduce illegal substances into prison.

Grima was further charged with recidivism, having been convicted in 2002 and 2004 for theft.

The court, presided by magistrate Caroline Farrugia Frendo, observed that the acts had allegedly occurred in October 2006 and that the accused was arraigned on November 2011 – over five years later. 

The magistrate noted that there was no indication as to whether Grima was notified with the charges against him, although they had been filed on 28 September 2011.

The court ruled that the prosecution had been bound to notify the accused by 1 October 2011, but that there was no proof of notification. For this reason and in the circumstances, the court declared the charges time-barred by the lapse of over five years from the commission of the crime.

Grima was cleared of all guilt and punishment. The destruction of the drugs was ordered.

Inspector Pierre Grech prosecuted.