Woman cleared of smuggling drugs to inmate brother due to inadmissible evidence

A woman has been acquitted of smuggling drugs into the Corradino Correctional Facility almost nine years after being accused of bringing drugs to her inmate brother.

Sandra Spagnol, 47, had gone to visit her brother Patrick at Division 4 of the prison, together with her mother and sister, in October 2010.

Soon after the visit was over, a search of the prisoner had turned up a cigarette packet containing what appeared to be cannabis resin wrapped in tinfoil.

Patrick Spagnol was interrogated and had released a statement which led to the arrest of his sister, Sandra.  She was also questioned and later charged with drug trafficking, possession of cannabis resin and smuggling the drug into prison.

A court-appointed scientific expert confirmed that the substance stuffed in the packet of tobacco, filters and cigarette papers was 1.45 grams of cannabis resin of 10% purity,

As the woman’s case progressed in court, magistrate Natasha Galea Sciberras, ruled that her statement was inadmissible as evidence because it had been released without the assistance of a lawyer.

The accused’s brother, who had testified before the inquiring magistrate, had chosen not to testify because of ongoing criminal proceedings against him, as this could lead to self-incrimination.

This essentially meant that the accused’s brother could not be cross-examined, observed the court, adding that as the statements of both siblings had been ruled as inadmissible, there was nothing left to tie Sandra Spagnol to the cannabis resin found in her brother’s pocket.

The police officers testifying in the case had not personally witnessed the prison visit, having been told of it by prison officials. This meant that their testimony was inadmissible hearsay, noted the court.

Moreover, the correctional officers who testified about the search, were unable to confirm the identity of the visitors from the witness stand.

The court concluded that the lack of evidence meant that the prosecution had failed to prove its case beyond reasonable doubt. Spagnol was cleared of all charges. 

“The court feels it is not out of place to remark, as it has on previous occasions, that it is reasonably expected of the prosecution, once it has decided to arraign persons in court…to bring adequate proof to sustain the charges,” remarked the magistrate, before calling upon all public officers to do more to preserve evidence, reminding them that it was their duty and responsibility towards society.

Inspector Spiridione Zammit prosecuted. Lawyers Franco Debono and Marion Camilleri were defense counsel.