Drug trial put off as main witness 'is abroad'

The trial by jury of a man charged with drug trafficking was yesterday deferred after a court heard how one of the prosecution's main witnesses was not summoned because he was abroad.

Mr Justice Giannino Caruana Demajo put off the trial of Stanley Chircop who is charged with the possession of heroin and cocaine and trafficking in the drugs between 1997 and 1998.

Before the jurors were selected Assistant Attorney General Aron Bugeja, prosecuting, informed the court that one of the prosecution's main witnesses, a man, had not been summoned to testify.

Mr Bugeja requested that the testimony given by this witness, during the inquiry and the compilation of evidence, be read out to jurors.

But Mr Chircop's defence lawyer Joseph Brincat objected to this request. Court marshal Rita Galea then took the witness stand and explained that on May 16 she had gone to the witness's house to serve him with a summons. His son told her that he was on a long holiday in America. Ms Galea added that, last Friday, she phoned the house again and his son said that he was in the US on a working trip.

After hearing submissions, Mr Justice Caruana Demajo noted that according to the Constitution the accused ought to be allowed to examine the prosecution's witnesses.

The judge noted that the man in question was one of the prosecution's main witnesses, that it had only been learnt recently that the witness would not attend the trial, and that the court was not convinced that he was away for a long time.

The court was satisfied that there existed the reasons to allow the accused to examine the witness and this to safeguard the equality of arms requested by law.

He turned down the prosecution's request and put off the case sine die (indefinitely) until the witness was brought to testify in court or until the testimony was collected through rogatory letters.