Court acquits Joseph Camilleri of aggravated drug possession charges

A Magistrates’ Court has acquitted Joseph Camilleri of all drug-related charges brought against him in a case dating back to 2012.

Camilleri, born in Australia on 28 January 1972 and resident in Żurrieq, had been charged with possession of cocaine not intended for his exclusive use, in breach of the Dangerous Drugs Ordinance, as well as recidivism following a previous conviction delivered by the Magistrates’ Court in October 2009.

The charges related to events alleged to have occurred on 31 May 2012 and in the weeks preceding that date.

According to the court, the case originated from a police investigation into a theft from offices in Rue D’Argens, Gżira, on 15 May 2012. During the investigation, suspicion fell on Camilleri, who was subsequently arrested. Police received information indicating that a property in Marsa— formerly belonging to Camilleri’s deceased mother — was being used by him in connection with his work.

When police attempted to carry out a search at the property, Camilleri allegedly refused to cooperate, prompting officers to forcibly enter the premises on 31 May 2012.

At the time of the search, Camilleri’s sister and wife were present. During the search, police discovered nine sachets containing a substance suspected to be cocaine, after a police dog indicated the location of the substance.

Camilleri later provided a statement to the police.

However, the court noted that throughout the investigation and proceedings, no expert was ever appointed to analyse the seized substance in order to confirm whether it was in fact cocaine.

During the final hearing on 6 May 2025, the defence challenged the admissibility of Camilleri’s police statement on the basis that, at the time it was taken, arrested persons did not have the right to legal assistance during interrogation.

The court ruled that although Camilleri did not have access to a lawyer during interrogation, he had been informed of his right to remain silent and that anything he said could be used against him. The court also observed that Camilleri was 30 years old at the time, had an extensive criminal record, and was familiar with police interrogations. It further noted that no incriminating admissions had been made in the statement.

On this basis, the statement was declared admissible.

Despite this, the court found that the prosecution failed to prove its case beyond reasonable doubt. The court held that there was no scientific evidence confirming that the substance found was cocaine and no proof conclusively linking the substance to Camilleri. The court also noted that although Camilleri admitted using the property, he was not the only person with access to it.

In view of these doubts, the court ruled that the charges had not been proven to the required standard.

For these reasons, Magistrate Farrugia Frendo acquitted Joseph Camilleri of all charges and cleared him of any criminal liability.

The judgment was signed by Magistrate Caroline Farrugia Frendo and Deputy Registrar Fabiana Grech.