A procedural error in proceedings against a man charged with drug trafficking has led a judge to send the case back to the magistrates’ court to correct the mistake.

The error emerged in the case of Herman Mckay, 31, from Marsa, who is pleading not guilty to trafficking half-a-kilogram of heroin in August, 2007. He was caught by police who stopped him while he was driving his Mercedes.

The accused attempted to get rid of the drugs by tearing the bag carrying them and sprinkling them on the ground.

The police stopped him from tearing a second bag and managed to gather what was left of the first.

Mr Justice Michael Mallia heard how documents in the acts of the proceedings had somewhat gone missing and the case file had to be redone.

Following this, an order by the magistrate to place the accused under a bill of indictment was not given.

When the Attorney General’s office issued the bill of indictment, defence lawyer Franco Debono noted that no magisterial order had been made and requested that it be declared null.

Mr Justice Mallia said he had no option but to declare the bill of indictment null and void and sent the proceedings back to the magistrate’s court for the order to be given. He noted that the mistake did not lead to the acquittal of the accused.