Drug suspect acquitted eight years after being arrested

Noel Caruana. 29, was today cleared of drug trafficking charges after the Court of Criminal Appeal overturned a six-month imprisonment term due to the prosecution's failure to exhibit the alleged six ecstasy pills the accused was found to be in possession of.

The court heard how in December 2012, Caruana was handed a six-month imprisonment term and fined €466 after being accused of being in possession of six ecstasy pills in June 2003.

Coupled with the prosecution's failure to exhibit to alleged ecstasy pills, the accused's defense counsel argued that Caruana's fundamental human right to a fair and expedite trial had been compromised by the Maltese courts who arraigned him in June 2012, a full eight years after the date of commission of alleged crime and the day of the arraignment.

"The evidence in this case took minutes to collate, however in total disregard to the Caruana's rights, the prosecution took eight years to proceed with an arraignment", the lawyer said.

Moreover, the pills found were never exhibited in court and witnesses could not identify the allegedly seized drug.

During the compilation of evidence the prosecution had not analysed the pills and there was no evidence that they contained illegal substances. On their part, taking the witness stand, the two officers who had found the alleged ecstasy pills in Caruana's possession, could only remember finding six pills but filed to exhibit evidence to where the accused was arrested, if any money was found in his possession or anything about his behaviour upon being apprehended by the police.

Presided by Mr Justice Antonio Mizzi, the Court of Criminal Appeal upheld the accused's appeal to overturn his six-month imprisonment term handed down earlier by the Criminal Court on the basis that the "exceptional length of time taken for the prosecution to arraign the accused" breached his fundamental human right to a fair and expedite trial and on the basis of lack of "sound" evidence.

"Since the pills were never analysed the court has no alternative than to acquit the accused as, there is no evidence he was in possession or trafficked illegal substance.

The analysis of the seized pills was the only way the court could rest assured that Caruana was in actual fact handling drugs." Justice Mizzi said.

Lawyer Roberto Montalto appeared for Noel Caruana.

Inspector Johann Fenech prosecuted.