Jail term, fine for heroin possession

A man was yesterday jailed for two years and fined Lm400 for the possession of 2.276 grammes of heroin and another man was acquitted of the same charges on lack of evidence.

Godwin Spiteri was found guilty of possessing the drug in circumstances denoting it was not for his personal use in Paola on October 8, 1997.

Joseph Buhagiar was cleared of the charges brought against him.

Magistrate Noel Cuschieri heard how after receiving confidential information that drugs were being sold in Paola, the police went to inspect the area indicated to them.

The police noticed a young man walking near a telephone booth and at about 8 p.m. a hired car arrived and pulled up near the youth who spoke to the man sitting on the front passenger seat.

The man in the passenger seat eventually turned out to be Spiteri and Buhagiar was driving the car.

As the youth was talking to Spiteri, the police intervened by surrounding the car. Police Inspector Neil Harrison noticed Spiteri throw several packets out of the window and when officers searched the area they found nine sachets containing heroin.

Magistrate Cuschieri noted that although no drug-related objects were found in Spiteri`s residence it did not mean that the heroin did not belong to him. It was well known that people who dealt in drugs kept their residence clean of it.

He also noted that the fact that the heroin was found divided, almost equally, into nine sachets and other evidence led to Spiteri`s guilt.

On handing down judgment, the magistrate noted Spiteri`s criminal record and the quantity and type of drug involved.

As to Buhagiar, the magistrate noted that just because he was sitting in the same car as Spiteri it did not necessarily mean that the heroin also belonged to him. The magistrate noted that suspicion was not sufficient to prove criminal responsibility.

Inspector Harrison prosecuted.

Dr Jason Azzopardi appeared for Spiteri and Buhagiar.