Defence intends challenging police evidence in drugs case

The lawyer of a 24-year-old from Hamrun - Chris Grech - arraigned yesterday over drug-related charges plans to challenge police evidence including a fingerprint they claim links the accused to a bar of cannabis.

Mr Grech was accused of conspiring to sell drugs and of being in possession of cannabis resin in quantities which indicated it was not for personal use.

Prosecuting officer Nezren Grixti objected to lawyer Manwel Mallia's claims. "Mr Magistrate, he is calling the facts of the investigations into question," he said, noting the press reporting the arraignment.

Dr Mallia said such issues emerged because lawyers were not allowed to be present even during the early stages of the investigations as was the case elsewhere. He insisted he intended contesting the evidence the prosecution will be producing.

In particular, Dr Mallia mentioned a fingerprint allegedly found on one of the cannabis bars seized - in all, the bars weighed 3.5 kilos.

The police inspector said the police had been monitoring the movements of the accused and of another person which is still being investigated.

Dr Mallia, assisted by colleague Giannella Caruana Curran, argued that nothing was found in the possession of the accused and that his client was denying the police allegations outright. On this basis and on the basis that his client had a right to be presumed innocent, Dr Mallia asked for Mr Grech's release on bail.

The prosecution argued that the accused was partnered by a foreign woman and that he had contacts abroad, adding that, thus, there was a risk he may flee the country.

On May 18, the police observed the movements of the accused and another person, Inspector Grixti said. The accused was driving a red Peugeot and together with the other suspect had parked in Bahar ic-Caghaq, next to the Splash and Fun Park and hid a sack containing the cannabis.

The two men allegedly returned to the site a few days later to retrieve the drugs. The police tried to stop them but they managed to escape. Mr Grech was arrested later, the police officer said.

"We had identified the driver and then arrested him, later," he added, explaining the sequence of events after the first arrest had failed.

Duty Magistrate Consuelo Scerri Herrera had overseen the investigations.

"There are moments where the accused would be alone with a police officer," Dr Mallia said. That was why there was need for the lawyer to be present at that stage of investigation, he insisted, qualifying that he was speaking generally at this stage.

Magistrate Giovanni Grixti, turned down the request for bail saying it was not opportune.