Woman released after bill of indictment withdrawal

The Criminal Court has ordered the release of an English woman, charged with importing cocaine and ecstasy into Malta from Spain, after the Attorney General withdrew the bill of indictment he had filed against her.

Mr Justice Joseph Galea Debono heard how the Attorney General had issued the bill of indictment in the case against Susan Jayne Molyneaux.

The bill alleged that, on August 11, 2003, Ms Molyneaux and her boyfriend had come to Malta via Spain. They were stopped on arrival at the airport and, during a search in the luggage of Ms Molyneaux's boyfriend, the police found two parcels containing over three kilogrammes of cocaine and another two parcels containing a total of 7,100 ecstasy pills.

It was further alleged that Ms Molyneaux's boyfriend had made the arrangements to deliver the drugs from Spain to Malta. Although she was not specifically aware that drugs were being imported, she knew that her partner was carrying something illegal.

Consequently, Ms Molyneaux was charged with conspiring to deal in cocaine and ecstasy, importing the drugs and their possession with the intent to sell.

Mr Justice Galea Debono took note of the prelimary pleas filed by Ms Molyneaux's defence counsel, Emmanuel Mallia and Gianella Caruana Curran.

He also took note of a judgement handed down by the Constitutional Court last April 1 in the sense that Ms Molyneaux's fundamental human right to a fair trial was likely to be violated as section 26 (2) of the Dangerous Drug Ordinance (mentioned in the bill of indictment) may be in breach of the Constitution and the European Convention of Human Rights.

The Constitutional Court had explained that section 26(2) of the Ordinance provides that: "When the offence charged is that of possession of, or of selling or dealing in, a drug contrary to the provisions of this Ordinance it shall not be a defence to such charge for the accused to prove that he believed that he was in possession of, or was selling or dealing in, something other than the drug mentioned in the charge if the possession of, or the selling or dealing in, that other thing would have been, in the circumstances, in breach of any other provision of this Ordinance or of any other law".

The bill of indictment alleged that Ms Molyneaux did not specifically know that drugs were to be imported illegally into Malta but that she was convinced that something illegal would be imported.

The accused submitted that the provisions of section 26(2) of the Ordinance were in violation of her right to a fair trial as it deprived her of the benefit of the presumption of innocence and of equality of arms with the prosecution.

The Constitutional Court had declared that, in this case, the fundamental human right to a fair trial was likely to be contravened in relation to Ms Molyneaux by the application of section 26(2) of the Ordinance.

The court had remitted the proceedings to the Criminal Court and directed it to ignore the operative provisions of section 26(2) which could affect Ms Molyneaux's rights.

The Constitutional Court also ordered a copy of its judgment to be sent to the Speaker of the House of Representatives.

Mr Justice Galea Debono took note of the Constitutional Court's judgement and also observed that, in a note filed last Monday, the Attorney General withdrew the bill of indictment in the case, according to law.

Following this, the judge ordered that all further proceedings against Ms Molyneaux be stayed and ordered her release.