Drug trafficking jury: Police acted on 'trusted source' in 2008 arrest of three facing trial

Updated at 12:20pm

Superintendent Johann Fenech told a court on Tuesday how police acted on a tip off by a “trusted source” that David Tabone was trafficking a large amount of ecstasy pills.

Fenech took the stand in the trial by jury of Rio Micallef from Marsa, David Tabone from Naxxar, and Darren James Vella from Birkirkara who stand accused of drug trafficking charges.

Fenech, who at the time was an inspector at the police drug squad, testified that the specified source was “trustworthy” since he even provided the police with his phone number.

A brief explanation on the arrest of the three, which was carried out on 15 September 2008, was given by the superintendent.

He explained how Tabone was spotted driving through Valley Road, Birkirkara in a Toyota. At a point he stopped driving and David James Vella got into the front passenger seat, after which Tabone continued driving and subsequently stopped in Old Church Street.

The police closely tailed the pair. The two were then seen coming out of the car together, and after they walked towards a Volkswagen Golf from which Rio Micallef emerged, the police officers moved on them and carried out the arrest.

When Rio Micallef realised there were police officers, he crouched down behind a van and later tried to escape, leading to a chase and a subsequent arrest.

A search carried out on Vella and Micallef after the arrest led to the police finding nothing on their person, however a black bag containing €9,330 and a digital scale with drug traces was found in Tabone’s possession.

Superintendent Johann Fenech told the court that police elevated a small white plastic bag from under the bumper of another parked Fiat van, where Rio Micallef was seen crouching down. Inside the bag, two plastic bags containing white pills was found.

A search inside the accused’s vehicles revealed nothing, except for more cash in Micallef’s Volkswagen.

Additionally, phones found in the accused’s possession were seized by the police. On these phones, records of SMS’s exchanged by the accused were found.

At the time of arrest, the three men who stand accused were unemployed.

During the sitting, the prosecution tried reading out the procès-verbal to members of the jury. However, Chief Justice Edwina Grima sent the jurors out and insisted a procès-verbal, as well as the conclusions of the inquiring magistrate, are never exhibited to the jury. “The jurors cannot be influenced in any manner”, Chief Justice Grima said.

In a cross-examination of Superintendent Alex Scerri Herrera, he confirmed that he himself saw the exchanged messages on the phones of the accused.

He also confirmed that when the drugs were discovered under the bumper of the van, he was not present. The superintendent also said that no investigations were carried out on the Fiat van

Lawyer Jacob Magri, representing David Tabone, also cross-examined and Fenech testified that the court that there were no bodycams or held hand devices or apparatus which filmed the arrests.

Lawyer Matthew Xuereb also cross-examined Superintendent Fenech. Fenech confirmed that the information given to the drug squad by the “trustworthy” source only concerned Tabone and not Vella.

All searches carried out on Darren James Vella resulted in the negative, Superintendent Fenech confirmed. No substances or cash were found on Vella’s person.

Vella only had a single mobile phone is his possession. The superintendent said that he remembered messages exchanged on the specified mobile phone but he did not remember what the messages said due to the time that passed.

He confirmed that there was no communication whatsoever between Micallef and Vella however messages and phone calls were recorded between them.

Moreover, the court also heard that an examination of fingerprints on the plastic bags containing the pills was carried out and the expert who carried out the testing will testify on the matter at a later stage.

When asked by a member of the jury, Fenech also said that the identity of the source could not be revealed.

Lawyers Kevin Valletta, Godwin Cini and Danica Vella are prosecuting on behalf of the Attorney General’s Office.

Lawyers Arthur Azzopardi and Jacob Magri appeared on behalf of David Tabone.

Lawyers José Herrera and Alex Scerri Herrera are assisting Rio Micallef.

Lawyers Michael Sciriha and Matthew Xuereb assisted Darren James Vella.