Judge rejects request by accused drug offender to move case to Magistrates’ Court

The Criminal Court has refused a request by Clayton McKay, who is facing charges of aggravated possession of heroin and breaching bail conditions, to have his case transferred from the Superior Court to the Court of Magistrates.

The court ruled that the quantity of drugs seized, together with the surrounding circumstances, did not support McKay’s claim that the matter should be treated as a minor possession case.

McKay had filed an application in September 2025, arguing that the alleged facts did not warrant trial before the Criminal Court, insisting that even on the prosecution’s version of events, the case involved a quantity that ought to be treated as de minimis. He maintained that the 333.15 grams of low-purity heroin found in his possession had no commercial indicators and that there was no evidence of profit, trafficking links, or assets that would point to drug dealing.

He argued that the drugs were intended solely for his own use and that of another person, and that he had limited means and no valuable property.

The prosecution opposed the request entirely, insisting the proceedings should remain before the Criminal Court.

In its decision, the court reviewed the evidence on record, including the testimony of Inspector Marshal Mallia and expert reports. The court noted that McKay had been arrested on 7 March 2022 during a police operation in Qajjenza, where officers discovered roughly 330 grams of heroin on his person, along with €1,000 in cash.

Two electronic scales were later seized from his residence. Experts Godwin Sammut and Marisa Cassar confirmed that the heroin had a purity of 10–12% and an estimated street value of more than €21,000. A fingerprint belonging to McKay was also found on one of the packets.

The court also observed that although internal Attorney General guidelines indicate 200 grams as a threshold commonly used to decide whether a case may be sent before the Magistrates’ Court, these guidelines are not binding. In this case, he said, the amount of heroin seized exceeded that indicative level by a considerable margin. The presence of two scales, the way the packets were prepared, the value of the drugs and the cash found on McKay all pointed towards activity inconsistent with personal use.

The court also noted that the transaction occurred in a secluded area and that McKay had not cooperated with investigators when given the chance to explain his version of events in a formal statement. These elements, the judge said, suggested that McKay may have been closer to the source of supply than he claimed, and that some degree of financial gain could not be excluded, even if not on a major commercial scale.

Given these findings, the judge concluded that the case could not realistically be treated as one of minor possession or limited scope suitable for the Magistrates’ Court. The request was therefore rejected, and McKay will continue to face trial before the Criminal Court.

Judge Neville Camilleri presided