Police lose appeal over property of cannabis grower

The Court of Appeal yesterday dismissed an appeal by the Police Commissioner from a judgment which had released property in favour of a person convicted of cultivating cannabis.

The court heard that in 1996 Benny and Liliana Xerri had filed an application in the First Hall of the Civil Court.

The Xerris had claimed that, in September 1996, Mr Xerri had been found guilty of three of the charges brought against him in a bill of indictment before the Criminal Court.

The court had ordered the confiscation, in favour of the government, of all property, movable or immovable, belonging to Mr Xerri, even if the property had been transferred to third parties after his arraignment.

Applicants declared that at the date of Mr Xerri's arraignment they owned a house in Xaghra, Gozo and had two bank accounts.

They claimed that this property had been acquired through funds which were not connected with the offence of cultivation of cannabis, and the property had not been used for the cultivation. The First Hall of the Civil Court had ruled in favour of applicants spouses Xerri.

The court declared that the property belonging to the Xerris had been acquired through funds which were legitimate and which had no connection with the crimes committed by Benny Xerri.

It resulted that the couple had purchased their home using funds that were obtained from the wife's personal estate, and that the couple had taken out a loan to purchase their house.

The court therefore found in their favour and ordered the release of the property.

The Commissioner of Police lodged an appeal to the Court of Appeal composed of Mr Justice Joseph D Camilleri, Mr Justice Anton Depasquale and Mr Justice Albert J. Magri.

In yesterday's judgment the court ruled that the evidence produced justified the conclusions reached by the first court. The commissioner's appeal was therefore dismissed.