Appeals court jails heroin pusher

The Court of Criminal Appeal yesterday upheld an appeal lodged by the Attorney General in the criminal proceedings against Ivan Dolac and jailed him for one year.

Mr Justice Joseph Galea Debono heard that Mr Dolac had been charged with trafficking in heroin and with possession of the drug. The Magistrates' Court had, last February, found him guilty of illegal possession of heroin but acquitted him of the charge of trafficking. Mr Dolac had been conditionally discharged for one year.

On appeal, the Attorney General submitted that the first court had incorrectly interpreted the evidence produced. Mr Justice Galea Debono noted that when Mr Dolac had been arraigned he had pleaded guilty to the charge of illegal possession of heroin but not to the charge of trafficking. After hearing evidence by four police officers, the first court had acquitted the accused of trafficking. The Court of Criminal Appeal noted that the first court had upheld the submission made by Mr Dolac's defence counsel in the sense that the accused had not understood the questions put to him by the police when he was arrested.

Mr Justice Galea Debono noted that no evidence had been produced to show that Mr Dolac's confession had not been made voluntarily. The first court had found there was no evidence of trafficking, but it resulted that Mr Dolac had been found in possession of sachets of heroin and that he had admitted to selling the drug when questioned by the police.

The Court of Appeal therefore upheld the Attorney General's appeal and found Mr Dolac guilty of trafficking in heroin.

The court sentenced the accused to one year in prison and fined him Lm500.