Court acquits man of illegal cannabis cultivation charges

The court has acquitted George Farrugia of all charges related to the illegal cultivation and possession of cannabis, ruling that the prosecution failed to prove its case beyond reasonable doubt.

Farrugia had been charged in connection with an incident that occurred on 19 November 2024 in Marsaskala, where police officers carried out an inspection at a private residence. The prosecution alleged that the accused was involved in the cultivation of cannabis plants without the necessary licences or permits.

During the proceedings, the prosecution relied mainly on affidavits and testimony from police officers, as well as evidence allegedly seized from the premises. The court, however, examined closely the manner in which the evidence was gathered, handled, and presented.

In its decision, the court placed significant emphasis on the principle of chain of custody, stressing that the prosecution must guarantee the authenticity, integrity, and continuity of evidence produced in criminal proceedings. The magistrate noted shortcomings in how the evidence was documented and safeguarded, raising doubts as to whether the cannabis presented in court was unquestionably linked to the accused.

The court also referred to recent judgments of the Criminal Court and the Criminal Court of Appeal, reaffirming that any weakness in the traceability of evidence must be interpreted in favour of the accused.

The court concluded that the prosecution had not succeeded in proving beyond reasonable doubt that Farrugia was responsible for the cultivation or possession of the cannabis plants in question. As a result, the court upheld the defence’s arguments and found the accused not guilty on all charges.

The court therefore ordered that George Farrugia be fully acquitted and discharged, bringing the criminal proceedings to an end.

Lawyer Ishmael Psaila represented the accused