Defence lawyer reserves right to file insanity plea

A lawyer appearing for a British woman of Nigerian origin charged with importing cocaine to Malta yesterday reserved his right to file an insanity plea once he communicates with his client.

Dr Peter Fenech told Magistrate Jacqueline Padovani-Grima he has so far found it very difficult to speak with his client Vivien Hazel Akharele Enahoro because although he had been given the opportunity to meet and talk to her, she had not seemed to be in a fit state to understand what was happening.

Dr Fenech said he had learnt that Enahoro had been in and out of mental hospitals for the last 17 years and had asked the hospital to send a psychiatrist to examine her before the sitting to ensure she was fit to appear in court.

The lawyer spoke as the Magistrates' Court started compiling evidence against Jean Agius, 57, of Attard and Enahoro, 41, who are pleading not guilty to conspiring to deal in cocaine on November 20 and in the previous 10 months.

They are also charged with trafficking in cocaine and its possession in circumstances denoting it was not for their personal use.

Enahoro was also charged with importing the cocaine.

Magistrate Padovani-Grima eventually ruled, at the end of the sitting, that there were enough reasons for Agius and Enahoro's indictment.

Inspector Harrison yesterday took the witness stand and explained how he received confidential information on November 20 that Agius was planning to import cocaine using couriers that evening.

The airport was watched and Agius was seen loitering at the airport's arrivals lounge with a certain Elizabeth Borg Cardona at about 12.20 a.m. After a while they left.

Inspector Harrison said a flight from the UK, KM103, had been due in at 12.50 a.m. but was delayed to 1.10 a.m., when Agius returned to the airport on his own while Borg Cardona waited in the car.

A female passenger eventually made an appearance and met Agius and they walked together out of the airport towards the car park where they were apprehended and taken in for questioning.

Under cross-examination, Inspector Harrison said both Enahoro and Agius cooperated fully with the police. Enahoro admitted the drugs were intended for Agius and Agius was not at all difficult during questioning.

Godwin Sammut, from the forensic science laboratory, said he had established the presence of 124.51 grammes of 16 per cent pure cocaine.

PS Johann Mifsud said he searched Agius's residence and seized some items. Under cross-examination he said Agius had cooperated fully and even showed police where to search.

PS Johann Micallef said he was one of the men detailed to watch the airport and eventually took part in the search on the three people stopped by the police.

He noticed Enahoro shaking and she was eventually taken to hospital while Borg Cardona and Agius were taken in for questioning.

PC Trevor Cassar Mallia said he was at the airport and heard Enahoro say, when he and his colleagues identified themselves as police, "Oh no, I'm in shit."

PC Cassar Mallia said that Enahoro initially seemed like she was going to give police the drugs and actually asked him to leave the room so that she could hand them over to the police woman. But she then changed her mind and was taken to St Luke's Hospital gynaecological unit.

The constable said Enahoro looked like she was going to collapse but then smoked a cigarette and calmed down somewhat. She also asked what her rights were and they were explained to her.

PC Cassar Mallia said Enahoro asked to speak to a lawyer but was told that she had no right to a lawyer at that point. In reply to a direct question by the defence, he denied that she was told: "This is Malta and you have no rights."

PC Antoine Micallef said he was also at the airport and heard Agius tell police that Borg Cardona was not carrying anything and that "Enahoro has what you want".

The case continues.

Police Inspector Neil Harrison is prosecuting.

Dr Ian Farrugia appeared for Agius while Dr Peter Fenech appeared for Enahoro.