Accused jumped off roof to evade police - officer

A man standing trial for drug conspiracy jumped off the roof of a house when he learnt that police were about to walk in through the front door, the Criminal Court heard yesterday.

Godfrey Ellul broke bones all over his body, a police superintendent said, and had to be taken to hospital.

He was discovered only after police had left the scene and were called back because an anonymous caller said he had heard a man groaning in the vicinity of the house.

Superintendent Nicholas Ciappara took the witness stand in the trial by jury of Ellul, 54, of St Julian's, who is pleading not guilty to drug conspiracy, heroin possession with intent to sell and cocaine possession.

He explained how he had been the officer on duty on March 6, 1997 when a phone call came in with information that some people were taking drugs at a house in Carmel Street, Zurrieq.

Supt. Ciappara (then Inspector) said he had sent his men at the Drug Squad to the scene and later learnt they had found Philip Magri and Joanne Vella inside the house.

His men brought back 25 sachets of brown powder suspected to be heroin and another sachet of white powder suspected to be cocaine. They also brought in some fulscaps, a mobile phone and a charger and other items related to drug abuse.

Magri and Vella were arrested and questioned.

A sergeant eventually informed him that another phone call had come through with information that a person was heard moaning near the house where the raid had taken place.

The police went to the scene again and found Ellul lying on the ground. He was taken to hospital and found to be suffering from fractures all over his body.

The superintendent said he sent his men to the scene again to search the area where Ellul was found. Police retrieved 15 sachets of white powder suspected to be cocaine and a green plastic bottle with white liquid.

Supt. Ciappara said he questioned Ellul on March 1 in hospital but Ellul refused to reply to questions. He explained that he had not questioned him before that because he was told by hospital staff that Ellul was not in a condition to be questioned.

Ellul had eventually been summoned to testify in Magri's case and he had explained that he had panicked when he learnt that police were about to make their way into the house and jumped off the roof because his wife had threatened to leave him.

The superintendent also explained that Magri had been found guilty of the charges brought against him and jailed for 18 months. Vella had left the island and had never been arraigned, the superintendent said. The last time he had seen her was the day after the raid when he had released her from arrest after questioning.

The trial was adjourned with Supt. Ciappara still on the witness stand.

Earlier the trial started with the reading of the bill of indictment in which the prosecution is claiming Ellul got to know Magri in February 1997 and as their friendship evolved, they began to learn about each other's drug habits. They both took cocaine but Ellul also used heroin and dealt in drugs.

On March 2, 1997, Ellul went to Magri's house in Carmel Street, Zurrieq, with a bag of cocaine and heroin.

The two men agreed to keep the bag at Magri's house and Ellul would go to the house, they would divide the drugs into sachets and sell them. They also agreed to hide the sachets in different parts of the house, the bill of indictment claims.

Police were tipped off anonymously on March 6, 1997, at about 6 p.m. and raided the house. Inside they found Magri and Vella, who had accompanied Ellul to Magri's house so that they could prepare the sachets as agreed.

Ellul escaped from the back of the house, jumping from some height and injuring himself in the leg in the process. He was eventually taken to hospital.

Police searched the house where they found a plastic bag filled with heroin, 25 sachets of heroin and a sachet of cocaine which Ellul had just made use of. Police also found other drug-related items.

The next day, police searched the area where Ellul was found and discovered 15 sachets of heroin, a small quantity of cocaine and a small bottle with a white liquid used in drug abuse, the bill claims.

PC Raymond Ambrogio yesterday explained how he had been given a search warrant and headed towards the house with another police constable and two sergeants.

When they knocked at the door, a man eventually identified as Magri looked out of a window on the second floor. They informed Magri that they were police and about three to five minutes later he opened the door.

After showing Magri the search warrant, he headed straight for the roof as experience had taught him. He passed through the yard where there was Vella.

He then heard the sound of someone running on the roof and initially thought it could be an Arab man who had escaped from custody.

He went onto the roof which could only be accessed with a ladder but it was too dark so he went back into the house.

Inspector Ambrogio said he noticed Vella staring outside and he followed her gaze, which led him to a low wall, and looked downwards. There were papers that looked like used sachets on the ground on the other side of the wall.

The inspector explained that the search started in the kitchen since it was closest to the yard. Police found a piece of foil with white powder at the base of a sugar jar and burnt foil in the dustbin.

He went into the bathroom with another constable and they tried to remove a mirror from the wall. There they found 25 sachets of brown powder in a bag. They moved into the dining room where they found a container filled with what seemed to be small white stones.

From Magri's bedroom police seized a plastic bag of brown powder from a shirt that was hanging in the wardrobe.

The inspector explained that a woman police officer was called to search Vella but nothing was found on her person.

Chemist Mario Mifsud told the court he had examined the bags of white and brown powder handed to him and had found evidence of heroin in the brown powder and cocaine in the white powder.

He explained that the drug was not pure and although he had weighed the brown powder at 6.5 grammes and the white powder at 3.9 grammes he explained that this did not mean he had found 6.5 grammes of heroin and 3.9 grammes of cocaine because the drugs were mixed with cutting agents.

Under cross-examination, Mifsud said he could not exclude that a person under the influence of cocaine could fall into a stupor.

He explained that cocaine had anaesthetic properties which would kick in after its stimulating effect wore off.

The trial continues this morning.

Senior counsel for the republic Dr Mark Said is prosecuting.

Dr Joseph Brincat is appearing for Ellul.