A 27-year-old man charged with being a drugs courier will be sentenced by a magistrate rather than be tried by a jury, which could result in life in prison.

The maximum term applicable in the Magistrates’ Court is 10 years’ imprisonment.

Alan Muscat, from Qormi, successfully challenged a decision by the Attorney General who had opted for the case to go before a jury panel.

The case dates back to February 2010 when Mr Muscat and three others, including his brother, were charged with conspiring to traffic almost five kilograms of cannabis, trafficking the drug and being in possession of the substance in circumstances denoting it was not for their personal use.

Their arraignment followed a police operation that allegedly foiled a drugs deal.

Man challenged a decision by the Attorney General for the case to go before a jury

Mr Muscat pleaded not guilty and was subsequently placed under a bill of indictment after the Attorney General ruled that he should appear before a trial by jury presided over by a judge. He challenged the decision.

The European Court of Human Rights has already ruled that such discretion enjoyed by the Attorney General breached the fundamental human rights of an accused person.

This effectively means that two individuals who committed the same crime can be given different sentences and jail terms, depending on which court is handing down judgment.

Mr Justice Antonio Mizzi upheld the submissions by the defence that Mr Muscat’s role in the case was merely to transport the drugs in exchange for €100.

Lawyer Jason Grima was defence counsel.