Two repeat offenders have been sent to prison after they failed to convince the court that the 10 sachets of heroin found in their possession were for their personal use.

Magistrate Marseann Farrugia found Ivan Bajada, 39, from Msida and Clare Borg, 35, from Gżira, guilty of possession of heroin with intent to traffic it. They were also found guilty of relapsing, with Ms Borg having at least 25 convictions on her criminal record.

The court heard how the couple had been caught red-handed in a hotel room with the heroin during a Drug Squad raid on February 19, 2003. The police found a total of 17.4 grams of heroin and electronic scales in the room’s bedside table. They also found other drug paraphernalia.

The couple insisted the heroin was for their personal use and that they had no intention of selling it. However, the court heard how the sachets contained more or less equal amounts of between 1.7 and 1.8 grams each.

The couple said they were addicted to heroin and it made more financial sense to buy in bulk. However, the court said if this was correct, they would have bought one sachet with the entire amount rather than carefully weighed sachets. The magistrate therefore ruled that the drugs were not for their exclusive use.

Analysing their criminal records, the court noted how Mr Bajada had eight convictions, two of which were for heroin possession. He had also breached a probation order. Ms Borg’s criminal sheet was more colourful, with no less than 25 convictions on a number of crimes, including 16 over loitering for prostitution, a conviction for drug trafficking and one for possession of cannabis.

Magistrate Farrugia jailed Mr Bajada for three years and fined him €2,000. He was fined a further €750 for breaching the probation order. Ms Borg was jailed for four years and fined €3,000.

Police inspector Johann Fenech prosecuted.

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