Man avoids jail after heroin trafficking conviction

John Mary Axiak from Żabbar has been handed an 18-month suspended prison sentence after a court found him guilty of heroin trafficking and possession dating back more than a decade.

The case originated from a police observation in Żabbar on 13 August 2010, when police officers noticed Axiak behaving suspiciously near the band club playground area. As they approached him, they saw him throw a small packet to the ground.

The packet was recovered and later confirmed to contain 3.72g of heroin with a purity of around 26%. Police also searched the accused’s residence, where they found burnt foil containing traces of heroin.

During investigations, Axiak admitted he had a heroin addiction and told police the packet belonged to him. He stated that he had been abusing heroin for several years and had been using burnt foil to consume the drug.

A witness testified and stated that he had purchased heroin from the accused on more than one occasion during that period, typically meeting him near the same playground area in Żabbar.

Despite finding Axiak guilty of trafficking and possession, the court took into account that the accused had successfully completed a drug rehabilitation programme after being referred to the Drug Offenders Rehabilitation Board.

The board informed the court that Axiak had completed the programme and made significant progress in overcoming his addiction.

The accused was therefore sentenced to 18 months in prison, suspended for two years, and fined €1,500. 

He was also ordered to pay €171.34 in expert costs related to the scientific analysis carried out during the proceedings. The court reiterated to him that committing another offence during the operative period of the suspended sentence could result in the activation of the prison term.

Magistrate Caroline Farrugia Frendo presided. 

Assistant Police Commissioner Johann J Fenech led the prosecution.