Jury finds man, 40, guilty of drug trafficking and cannabis possession

A panel of jurors has found 40-year-old Austin Mallia guilty of association of drug trafficking and of aggravated possession of cannabis.

The jury returned the verdict of 7 - 2 on both counts on Monday evening, bringing the two-week trial by jury to an end. 

Mallia broke into tears upon hearing the verdict, and had to hold on to the bar in front of where he was standing. He continued breathing heavily and crying loudly as a prison officer loosened his tie.

Mallia was indicted for associating himself with cannabis trafficking and aggravated possession of the drug.

He pleaded guilty to cocaine possession at the start of the trial.

The man took the witness stand last week, telling the jurors that had he known what was inside the boxes, he would have taped them to the roof of another man’s car, insisting he believed he was transporting appliances.

In his testimony, Mallia explained that he had been a chef for 27 years and got to know Sicilian Michele Artale, who worked with Mallia’s brother.

The man explained, among other things, that he sometimes did removal jobs for Artale using his father’s truck.

The prosecution alleged that the plan was for Mallia and Artale to meet a third man, Sandro Lo Presti, and transport the cannabis hidden in white goods in Mallia’s van. The white goods were at Fahrenheit Logistic’s warehouse in Ta' Qali.

The police followed Mallia all the way to Ta’ Qali, where he entered a freight forwarder’s yard and drove out once again, a while later, with a box stowed on the van next to the freezer.

The man then drove to Ħamrun, stopping outside an apartment block where Artale had stopped when he returned to Malta a day earlier. Soon after, Lo Presti drove up in a Kia Picanto, inside which were two boxes, similar to those collected by Mallia from Ta’ Qali.

Police officers intervened just as the two men were unloading the packages containing white goods and proceeded to search the Ħamrun apartment.

Lo Presti complained that he was unwell, and an ambulance was called. The objects were sealed in their presence, and an inquiry was launched.

During the search, it emerged that cannabis grass was hidden in the white goods found inside the Isuzu and Kia Picanto.

A court-appointed expert later determined that the cannabis weighed about 53 kilograms and was of about 11 per cent purity.

In his testimony, Mallia insisted that he was under the impression that he had been transporting goods for Artale, which had to be delivered to Lo Presti – Artale’s friend.

The man told the jurors that had he known what was inside the boxes, he would have helped Lo Presti load all three boxes onto his car instead of using his van.

During the closing arguments, prosecutor Godwin Cini challenged the statement Mallia had given to the police and his testimony in the trial, by making extensive reference to the mobile data and CCTV footage exhibited in the case.

Madam Justice Consuelo Scerri Herrera presided over the trial by jury.AG lawyers Godwin Cini and Danika Vella prosecuted.

Lawyers Joe Giglio and Mattea Giglio assisted Mallia.

The prosecution and defence will make their submissions on punishment on Tuesday morning.