An Appeals Court has confirmed a judgment handed to a woman who admitted to smuggling heroin into jail in 2006 after it noted that the sachet containing the drug was not found so there was no evidence, except for her statement, linking her to the delivery. 

Although he upheld the Attorney General's argument that the statement she had released to the police should not have been declared as inadmissible, Mr Justice David Scicluna said no drugs had been found so there was no evidence to nail her. 

He was handing judgment in the case against Michelle Bugeja, 46, from Cospicua, who was charged with smuggling heroin into prison on November 22, 2006. 

The court heard that the woman visited inmate Mario Buhagiar who was a drug addict and often asked for heroin. He was in jail since 1994. That day, she went to prison for a contact visit with Mr Buhagiar and hid a heroin package in her underpants. 

Correctional officers saw the woman grabbing the inmate's hand and placing it inside her underpants. As soon as the officers entered the room, Mr Buhagiar had something in his hand and swallowed it when he saw them. 

However, when Mr Buhagiar was taken to hospital for tests, doctors found nothing inside his body, leading the Appeals Court to declare that there was no evidence, except for the statements given to the police, that the package Correctional Officers saw Mr Buhagiar swallowing was in fact heroin. 

In these circumstances, Mr Justice Scicluna said the court could not understand how the Attorney General was expecting the court to find her guilty of drug trafficking and of supplying heroin to the inmate. 

He confirmed the judgment of the first court, clearing her of the charges brought against her.

On the statement, the Attorney General argued that the court should not have declared the woman's statement to the police as inadmissible because she had not been given the opportunity to consult with her lawyer. She had admitted to the crime with the police. 

Mr Justice Scicluna upheld the argument and ruled that the statement given to the police was admissible but could still not find her guilty as no drugs had been found. 

Lawyer Roberto Montalto appeared for the woman.