Imprisonment reduced in drug possession case

The Court of Criminal Appeal yesterday reduced the prison terms handed down in the case of two men who were found in possession of 44 ecstasy pills and 11 grammes of cocaine. Adrian Zammit, 29, was originally found guilty of possessing ecstasy in circumstances denoting it was not for his exclusive use, and possession of cocaine.

A 17-year-old was found guilty of being in possession of ecstasy and cocaine in circumstances denoting it was not for his exclusive use.

The court heard that the two men were stopped at a road block near Ċirkewwa and were found in possession of drugs.

The Magistrate's Court, on November 9, 2007 jailed Mr Zammit for 11 months and fined him €1,165 (Lm500) while the teenager was jailed for nine months and fined €932 (Lm400). Chief Justice Vincent De Gaetano said that on reviewing the appeal filed by Mr Zammit, he found his police statement to be full of contradictions. However, he had taken into consideration the progress Mr Zammit had made in his effort to kick the habit. He therefore reduced imprisonment from 11 to six months.

Before handing down judgment in the case of the teenager, the Chief Justice said he took into account the age of the accused when the crime was committed and the "substantial" progress made by the teenager in his drug rehabilitation programme.

In this case, imprisonment was cut from nine to two months.

The Chief Justice also revoked a ruling by the Magistrate's Court banning publication of the teenager's name explaining that, in the eyes of the law, one would be defined as a minor only if one was under the age of 16 years.

The Times is not naming the second man in line with its policy not to identify accused under the age of 18.