Man convicted of aggravated ecstasy possession in Paceville case, but trafficking charge dropped

A man who was arrested inside a Paceville nightclub more than a decade ago has been convicted of aggravated ecstasy possession, despite the court acknowledging that he has since undergone drug rehabilitation and maintained stable employment.

The case concerned an incident on 1 January 2014, when officers from the Anti-Drug Squad stopped the then 18-year-old inside Sky Club, St Julian’s, at around 3:30am. A search revealed six sachets containing a white powder later identified as 4-Methylethcathinone (4-MEC), 17 ecstasy pills, €400 in cash and a mobile phone.

In its judgment, the Magistrates’ Court noted that the lengthy proceedings were shaped significantly by a legal challenge concerning the admissibility of the accused’s initial statement. At the time of the interrogation, suspects in Malta did not yet have the right to legal assistance while being questioned.

Citing both European and domestic jurisprudence on the vulnerability of young adults during police questioning, the court ruled that the 2014 statement could not be used as evidence.

The decision had a direct impact on the most serious charge. With the statement excluded and no corroborating evidence demonstrating sale or supply, such as relevant phone data, the man was cleared of the trafficking allegation linked to the Cathinone derivative.

However, he was still found guilty of possessing 17 ecstasy pills in circumstances which rendered the offence aggravated. The drugs were found inside a popular entertainment venue frequented by youths, and the quantity of tablets was well above the threshold considered for personal use in Maltese law.

The court noted that the accused had admitted to having consumed three pills earlier that evening. Regarding the 4-MEC powder, the court accepted that it had been for personal consumption, reducing that charge to simple possession.

In determining sentence, Magistrate Caroline Farrugia Frendo emphasised several mitigating factors.

The man had successfully completed a court-referred drug rehabilitation programme following proceedings before the Drug Court. Reports presented to the court confirmed positive progress and control over past substance dependence. He also held a stable employment record, advancing to positions of responsibility over the past several years, and maintained a clean criminal record.

While acknowledging his genuine reform, the court said the factual commission of the offence and the statutory aggravation could not be disregarded.

He was ordered to pay €240.61 in court expert expenses within six months, with imprisonment in default of payment. The €400 seized at the time of arrest was confiscated in favour of the State, while the drugs and related items were ordered to be destroyed. The seized mobile phone is to be returned to him.

No custodial sentence or probation order was imposed.

Lawyers Franco Debono and Adriana Zammit appeared for the accused.