Man accused of drug dealing walks free after substandard prosecution

The court declared the man not guilty after a series of blunders rendered the prosecution unable to make a case against him

(File photo)
(File photo)

A lack of valid evidence has led to a man being declared not guilty of drug trafficking.

Darren Grech was arrested behind the wheel of his car after being spotted by the police on the 29 December 2009 approaching another car which was driven by a certain Joseph Duca.

When the police approached, they noted the accused throwing away an object which they suspected was a sachet of heroin. They proceeded to arrest the men.

Duca was found to be in possession of €25 in his pocket and €80 in his wallet. A subsequent search of Grech’s house returned a makeshift crack pipe and €885 in cash.

The accused released a statement at the time but was not allowed to consult with a lawyer before or during the interrogation. The court declared this statement inadmissible in the light of recent court judgements on the issue of unassisted statements.

The only determining evidence in the case therefore, was the sworn statement released by Joseph Duca, but he was not produced as a witness by the prosecution.

In addition, no tests were carried out on the substance in the sachet to prove it was heroin, nor was it exhibited as evidence and neither were other seized items including mobile phones, diaries and cash.

The Court, presided by magistrate Natasha Galea Sciberras upheld the pleas raised by the defence and declared the accused not guilty.

Lawyer Joe Giglio was defence counsel to the accused in these proceedings.