Defence file for acquittal

The defence lawyers of a man charged with his involvement in the importation of seven kilogrammes of heroin yesterday filed an application requesting the Criminal Court to order his acquittal.

Lawyers Franco Debono, José Herrera and Joseph Giglio argued that the Attorney General had failed to file for the indictment of their client Joseph Lebrun within the one-month timeframe set by law.

On November 23, 2005, Mr Lebrun, 48, of Marsascala, was cleared of all charges after a magistrate 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 grounds that there was not sufficient evidence for him to be indicted.

However, in early December the Attorney General, according to the powers conferred to him, issued a warrant of arrest against Mr Lebrun for the criminal proceedings to continue despite the Magistrates' Court's decision.

On the strength of the warrant Mr Lebrun was re-arrested and the case against him continued.

However, in the application Mr Lebrun's lawyers argued that over a month had passed since Mr Lebrun's re-arrest yet the Attorney General had not filed for his indictment according to law. They therefore called on the Criminal Court to order his release.

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, 2005.

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.