Attorney General secures freed man's re-arrest

A man who last month was cleared of involvement in the importation of seven kilogrammes of heroin is expected to be back in court today after the Attorney General filed a warrant of arrest contesting his acquittal.

On November 23 Joseph Lebrun, 48, of Marsascala, was freed after Magistrate Anthony Vella ruled that the prosecution had failed to prove his involvement to the level required by law for two main reasons.

First, the magistrate ruled, the prosecution had not drawn a link between Mr Lebrun and the mobile telephone line which had been investigated and conversations recorded, leading to the drug find.

Secondly, the prosecution had not sufficiently proven that the voice heard in the recordings belonged to Mr Lebrun.

Consequently, the magistrate cleared Mr Lebrun on the grounds that there was not sufficient evidence for him to be indicted.

However, the Attorney General issued a warrant of arrest against Mr Lebrun for the criminal proceedings to continue despite the Magistrates' Court's decision.

According to the powers conferred to him, the Attorney General issued the warrant as he was of the opinion that there were sufficient grounds for Mr Lebrun to be indicted.

This means that the proceedings against Mr Lebrun are to continue, as though the magistrate had moved on to decide for his indictment.

Mr Lebrun is expected to appear in court again today.

Meanwhile, yesterday evening, Mr Lebrun's defence team filed an urgent application before the First Hall of the Civil Court.

In the application Mr Lebrun claimed that the warrant of re-arrest was in breach of his fundamental human rights and was also in breach of the Constitution and the European Convention.

This was because he only found out that the Attorney General had filed the warrant through an internet site yesterday and his ignorance on the matter was of prejudice to his case.

Besides, on issuing the warrant, the Attorney General had filed a form of appeal to the Magistrates' Court's decision in the absence of the accused and in a context where the Attorney General was free to select a judge at random to sign the arrest warrant.

Mr Lebrun is pleading not guilty to charges of conspiring to deal in heroin and importing and trafficking in the drug on and before June 6.

He was the fourth man to be charged in connection with the drug find. The other three were Silvio Buttigieg, 32, of Cospicua; Angelus Vella, 52, of Cospicua and Jason Said, 32, of Fgura.

Police Inspectors Norbert Ciappara and Dennis Theuma are prosecuting.

Lawyers Franco Debono, José Herrera and Joseph Giglio are appearing for Mr Lebrun.