Man in possession of cocaine, heroin arrested by police after acting suspiciously

Paul Micheal Kavanagh, a British national residing in Gżira, was denied bail by Magistrate Marseanne Farrugia after he was charged with possession of cocaine and heroin for trafficking.

He was also accused of recidivism.

Prosecuting Inspector Alfredo Mangion explained how on 26 and 27 May, the police came across a Mazda Demio vehicle being driven by the accused who was acting very suspiciously.

The man was constantly starting and stopping the car which was considered to be quite strange by the officers.

It was revealed Kavanagh had cooperated with the police during searches and his subsequent arrest. 

The 47-year-old was assisted by lawyer Francesca Zarb, who requested bail. The prosecution heavily objected on the basis that the accused has a recurring drug problem and a long history of misconduct.

The prosecution acknowledged that the quantities involved were in grams and not kilos, but claimed that the separate 32 sachets were likely intended for different individuals. The prosecution said that at this stage, prison is the ideal place for him as his addiction will be properly addressed.

Lawyer Zarb reassured the court if he were to be granted bail, he will reside at his girlfriend’s mother’s address who was present in the courtroom. Zarb continued by saying that the accused has strong ties to the country and therefore there was no fear of absconding.

The lawyer said this should give the court peace of mind. She also mentioned the last offence listed on his criminal record occurred 20 years ago. Despite being a recidivist, he has not breached any court orders, she continued.

Lawyer Zarb further argued the man’s most recent offences involved charges of a very different nature.

The prosecution also opposed bail on the basis that the accused has no stable job.

The prosecution admitted that the drug-related charges go back 20 years but argued that despite the passing of time and a long change to rehabilitate himself, the accused did not do so.

He also stated there are no witnesses and thus no risk of evidence tampering could arise. She reminded the court of his cooperation with the police.

Zarb agreed that he is to be placed under supervision but heavily argued against Kavanagh being held in custody. "He was on the right path, and if the request for bail is denied, things could get worse for him."

Despite this, the court turned down the request in view of the nature of the charges, his previous conduct and his untrustworthiness. The court also ordered the Director of Probation and Parole to appoint an officer for supervision of the accused. It also ordered the freezing of assets of the man.

Inspector Alfredo Mangion and AG lawyer Ylenia-Marie-Abela prosecuted. Defence lawyer Francesca Zarb represented the accused. Magistrate Marseanne Farrugia presided.