Mother cleared of smuggling cannabis to son in prison

A court has cleared a mother of smuggling drugs to her son in prison after noting that the circumstances under which this happened would not have allowed the transfer of the drugs to take place.

60-year-old Miriam Borg of Ħamrun had been accused of trafficking cannabis, possession of the drug and smuggling it into prison. She was charged in March 2013 after her son, who she had visited in prison, was caught with cannabis resin.

Magistrate Natasha Galea Sciberras had heard police and prison officers explain how cannabis resin was found inside Matthew Borg’s rectum during the second strip search he was made to submit to following his mother’s visit. 

In her testimony, the mother had told the court how she would visit her son twice a week and would be searched every time. On the day in question a more intensive search had been carried out as drugs were being found in prison at the time.

She explained how that day she had gone to visit her son together with her husband, daughter, father and husband’s sister. After the visit was over, she had received a call asking her to go to the police headquarters where she was informed that drugs had been found in her son’s possession and that he had blamed her.

Borg had said she was shocked because she didn’t know her son even took drugs, and had falsely admitted to smuggling it into prison after being told that her entire family was going to end up arrested if she didn’t.

She had released a statement to the police after refusing to speak to a lawyer.

The court observed that jurisprudence had established that such a statement was to be discarded. It also discarded the testimony of Matthew Borg, as a confession could only be used as evidence against the person making it.

Borg’s defence lawyer Robert Galea argued that the fact that the woman had been searched as she entered the prison for her visit and that no drugs were found on her person proved her innocence.  The court disagreed, but noted that there were several family members visiting the prisoner at the same time.

The court observed that two factors emerged from the evidence. Firstly, the practise of searching prisoners after contact visits happened after Matthew Borg had walked from the visitor’s hall to the main gate of the division he was being held in.

Secondly, the court noted that the illicit substance had been found inside Matthew Borg’s rectum. It was highly unlikely that the man had managed to put it there during the supervised visit, in the presence of family and prison guards, without raising suspicion.

Ruling that there was reasonable doubt about the charges, the court cleared Miriam Borg of all charges.