Double jeopardy

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

Paul Attard, 42, of Żejtun and Michel Abou Haider, 43, of San Ġwann were found guilty of trying to frame Joseph Muscat by trying to place cannabis in his car in an attempt to take revenge on him. 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 charged with conspiring to import cannabis, being in possession of the drug and committing a crime within 100 metres of an establishment frequented by minors.

Mr Haidar was also charged with trafficking in the drug.

Magistrate Lawrence Quintano took into consideration the principle 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 cause of action. It is a legal concept originating in Roman civil law but is essentially the double jeopardy clauses found in common law jurisdictions.

The court 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.

Police Inspector Dennis Theuma prosecuted.

Lawyer José Herrera appeared for Mr Attard.

Lawyers David Gatt and Chris Cardona appeared for Mr Haidar.