A case of double jeopardy

Two men who were charged with conspiring to import and possession of cannabis, had the case against them dropped today after a court ruled that they had already been charged and sentenced for the crime in 2006.

Paul Attard, 42 from Żejtun and Michel Abou Haider, 43 from San Ġwann were found guilty of trying to frame up Joseph Muscat (not the leader of the MLP) by trying to place cannabis in his car, in payback for something that Mr Muscat had allegedly done to them.

The two men subsequently received a one year jail term suspended for two years. After this case had been decided upon by Magistrate Miriam Hayman in 2006, the two men were then charged with conspiring to import, possession of cannabis, committing a crime within 100 meters of an establishment frequented by minors and Mr Haidar alone was also charged with trafficking in the drug.

Magistrate Lawrence Quintano took into consideration the law known as ne bis in idem which translates literally from Latin as "not twice for the same", meaning that no legal action can be instituted twice for the same action. It is a legal concept originating in Roman Civil Law, but essentially as the double jeopardy clauses found in common law jurisdictions.

Magistrate Quintano said that although the charges were not the same in the two cases instituted against them, the facts were and therefore ne bis in idem could be applied.