Cleared of drug trafficking due to defective charge sheet

A man was cleared of drug trafficking charges yesterday after the charge sheet was found to be carrying the wrong date and indicated the wrong type of drug.

Charles Zammit, 32, walked free after Magistrate Lawrence Quintano upheld the arguments brought forward by his lawyer Robert Abela who pointed out that his client was not charged with trafficking cocaine despite the fact that the evidence produced by the prosecution was aimed at proving just that.

Defence counsel also remarked that while the charge of possession mentioned the date of December 18, 1996, the evidence produced referred to an exchange that took place on December 16, 1996, two days earlier.

The prosecution never asked to correct the date despite the fact that the accused had mentioned it in a statement he had released to the police.

The magistrate noted that although he was satisfied that there had been both possession and trafficking of drugs, the way the charge sheet was worded did not allow the court to establish guilt. Thus, he freed the accused of all the charges brought against him.

Police Superintendent Alexandra Mamo prosecuted.