Drug suspect objects to arraignment under arrest

A man appeared in court on drug charges two years after he was allegedly caught in possession of almost 500 grams of heroin.

In August 2007, 25-year-old Herman Mc Kay was arrested allegedly trying to scatter powder, suspected to be heroin, when the police tried to search his car.

Two years later, the forensic tests proved the powder was heroin and the investigating magistrate informed the police they could prosecute, Police Inspector Pierre Grech said.

Mr Mc Kay's defence lawyer, Franco Debono, contested the arraignment under arrest and pointed out that, two years down the line, his client had been needlessly detained at the police depot for almost 48 hours.

Although the original arrest was valid, the police were not justified to arraign Mr Mc Kay under arrest considering they could have done so under summons, Dr Debono insisted. He argued that the police had no difficulty in finding his client.

However, Magistrate Audrey Demicoli ruled that Mr Mc Kay's arrest was valid.

Mr Mc Kay pleaded not guilty to possession with intent to traffic, to relapsing and to committing a crime during the operative period of a suspended sentence.

He was granted bail against a deposit of €1,500 and a personal guarantee of €5,000.

Police Inspector Pierre Grech prosecuted. Dr Debono and lawyers Marion Camilleri and Charmaine Cherret represented Mr Mc Kay.