Lawyer says lack of drug testing facilities 'problematic' as couple charged with drug possession

A lawyer defending a couple charged with aggravated drug charges has argued that Malta has no accredited drug testing facilities, describing this as “problematic” for the accused.

30 year-old construction worker Matthew Debono and his partner, nail technician Josette Azzopardi, both from Qormi were arrested by police executing a warrant on 8 March. 44 sachets of suspected cocaine and heroin were found at their home, inspector Marshal Mallia told Magistrate Nadine Lia this morning.

Inspector Mallia said that an inquiry had been appointed and that Azzopardi’s fingerprints and Debono’s DNA were found on the outside of the sachets in question.

A not-guilty plea was entered by defence lawyers Mario Mifsud, Matthew Xuereb, Christian Camilleri.  

Mifsud requested bail and the prosecution did not object as there were no civilian witnesses to testify in this case.  The accused lived together and had children, he said.

The accused were charged in separate arraignments on Wednesday.

Mifsud informed the court that the couple have been on police bail for 3 months and had obeyed orders without problems. “So far we have a sachet of alleged drugs and DNA on the outside of it,” pointed out the lawyer, adding that according to changes in the law, cohabiting couples even if not married, cannot be compelled to testify against each other, he said. Inspector Mallia told the court that the best evidence in this case wasn’t their testimony and declared that the accused would not be asked to testify against each other.

In addition, Mifsud argued, the accused had released statements showing the dynamics of the case and the evidence was conserved. “Unfortunately, we don’t have a laboratory to test the substances, and that’s another problem.” It is not the first time that such a complaint has been made to the Maltese courts.

The court after ascertaining with the prosecution as to why bail was not being objected to, granted the pair bail ordering them to sign a bail book at regular intervals, observe a curfew and secure their bail by depositing €1000 in the acts of the case, as well as provide a personal guarantee of €5000.