Marsaskala man used barber's shop for drug deal, court told

A 25-year-old man from Marsaskala was remanded in custody Friday, on charges related to the trafficking of cocaine and cannabis, while Drugs Squad investigations continue into information discovered on his mobile phone.

Police Inspectors Mark Mercieca and Jonathan Cassar charged the man, whose name was banned from publication, to protect ongoing investigations into third parties, with trafficking and aggravated possession of both cocaine and cannabis, as well as with recidivism.

Lawyer Kathleen Grima, assisting the defendant, informed the court that her client would be pleading not guilty and requested bail.

Inspector Cassar objected to the latter request. He explained that when the man was arrested, together with the drugs, the police had also seized his mobile phone, the contents of which, he said,  “opened a Pandora's box as it showed there was a whole business operation going on.” The police couldn't exclude further arraignments at this stage, he added.

The defendant would use a barber’s shop for drug deals, where a weighing scale with a suspicious residue had also been found, added the inspector.

Grima counter-argued that the drugs hadn’t been found in the shop but in the defendant’s pockets and pouch and that the defendant had provided the police with the mobile phone's password, and had also given them the weighing scale himself.

“The alleged traces on the scales, he is saying, is residue from bleach he uses for hair treatments.”

Together with bail, Grima requested a temporary order of supervision.

"The mobile phone is there. The messages are there. So if there is a message saying Cikku Peppi did something, nothing he can do is going to change this."

“The prosecution has not identified any third parties, so we cannot detain my client because the police have not carried out investigations,” argued the lawyer, also telling the court that the recidivism charge was about a €40 fine which had been imposed four years ago.

"The amounts are relatively minimal. 14g cocaine and even less cannabis, “ Grima said. “They fit the criteria for a drug court, perfectly." 
The lawyer argued that the legislator's intention when introducing the Drug Dependence (Treatment Not Imprisonment) Act was not to have people like the defendant end up in prison, but receive treatment.

Inspector Mercieca confirmed the amounts were small, but added the defendant was "not a novice." Besides the block of cannabis resin, several sachets of cocaine had been found, ready for distribution, together with other sachets containing cannabis which were also ready for distribution, he said. "The risk of evidence being lost is real. Preventive arrest is a tool that can be used to protect ongoing investigations, and further arrests are a possibility.

Grima used this last bit of information as a springboard to request a ban on the publication of the defendant's name. The prosecution agreed with the request for the publication ban, due to ongoing investigations into third parties who might also be witnesses in these proceedings. The court upheld the request and imposed the ban.

On bail, The defence argued that a trend was forming where people were being arraigned before police investigations were finished. “God forbid that we deny an individual their freedom in order for the police to carry out investigations. I know the two police officials in front of me are very experienced and have, in all likelihood, already started these investigations into third parties.”

"I am saying that this blessed mobile phone which my client gave the password to, cannot be used as a rod on my client's back...We cannot remain at the mercy of the investigating police officers."

After hearing the parties' submissions on bail, the court moved to reject the request for the man's release from custody due to the real risk of tampering with evidence. Magistrate Critien, however, instructed the prosecution to bring their witnesses without delay.