A man has been cleared of cocaine possession with intent to traffic after a magistrate ruled that no evidence had been brought to prove that the white power found was cocaine.

There was no evidence to show that Francis Formosa, of St Paul's Bay, was in possession of cocaine after the prosecution had not requested and never brought any evidence to prove the powder was cocaine.

The court heard how Mr Formosa had been arrested in February 2007 at around 11.30pm after a car that he was a passenger in was stopped by a police patrol car close to Telgha t'Alla w Ommu.

The police said that when they stopped the car, they saw that a package was thrown out of the car through the passenger window. A bag containing white powder was collected by the police and the two men in the car were arrested.
The driver denied ever using drugs while Mr Formosa denied throwing anything out of the car.

In her judgment, Magistrate Natasha Galea Sciberras said that while the charges related to August 2005, all witnesses said the incident happened in February 2007. Even the statement released by Mr Formosa was dated February 2007.
Moreover, she said that at no stage did the prosecution prove that the white power it alleged was cocaine was, in fact, cocaine.

She therefore cleared Mr Formosa of all the charges brought against him.
Police inspector Victor Aquilina prosecuted while lawyer David Gatt represented the accused.