Judge quashes six-month jail sentence

A man who had been jailed for six months was acquitted yesterday by the Court of Criminal Appeal but fined €699 (Lm300).

Noel Buhagiar was found guilty last November 30 of being in possession of heroin in circumstances denoting it was not for his exclusive use, and also of having cannabis resin. He was jailed for six months and fined €699 (Lm300).

The Court of Criminal Appeal, presided over by Mr Justice Joseph Galea Debono, after reviewing the case ruled that Mr Buhagiar was guilty of simple possession and not aggravated as the first court had found.

The difference between simple possession and aggravated possession lies in the fact that simple possession relates to the drug being for personal consumption and not intended for trafficking. The court took into consideration the fact that the heroin was found hidden behind the dashboard of Mr Buhagiar's car and added up to 1.17 grams, distributed in six packets.

Mr Justice Galea Debono felt that Mr Buhagiar's testimony was acceptable on the basis of probability because, although the circumstances where the drugs were found were suspicious, this was not conclusive. Mr Buhagiar testified that he would use two packets in the morning, two more at around midday and the rest in the evening.

After examining the defendant's police record and the testimony of the probation officer, who said the accused had become a law-abiding citizen, the court felt that jailing Mr Buhagiar for simple possession would be counter-productive. Lawyers Franco Debono and Charmaine Cherrett appeared for Mr Buhagiar.