Jailed for supplying heroin to a friend

A 25-year-old man was jailed for six months, put on probation for three years and fined Lm200 after an appeal court found him guilty of a supplying heroin to a friend three years ago.

David Gatt was originally put on probation for three years after he filed a guilty plea before the Magistrates` Court. He was consequently found guilty of heroin possession, of possessing the drug without permission from the relevant authorities, relapsing and breaching the conditions of a previous release on and before March 7, 1999.

He was, however, cleared of trafficking in heroin after a magistrate ruled the charge had not been proven sufficiently.

The Attorney General appealed claiming the Magistrates` Court should have found Gatt guilty of drug trafficking because the evidence showed he had supplied drugs to his friend.

Mr Justice Joseph Galea Debono, sitting in the Court of Appeal, heard how on March 7, 1999, the police stopped Gatt and his friend in a pick-up van in Mgarr. The police searched the van and found syringes, some of which were used, sachets of heroin and Lm515.

Gatt and his friend were taken to police headquarters for questioning and officers searched Gatt`s residence where they found electronic weighing scales, a pouch containing small pieces of paper with names written on them and cash. A spoon with traces of heroin was also found.

The judge heard how during questioning the police asked Gatt if he had shared the heroin with his friend and he replied he did. Gatt explained that at times he bought the heroin and gave some to his friend while on other occasions his friend would buy the substance and share it with him.

Mr Justice Galea Debono ruled that this proved that Gatt supplied drugs to his friend and, therefore, he should be found guilty as charged.