The trial by jury of two men charged with trafficking 19.4 kilos of cannabis worth €125,000 is coming to a close as Madam Justice Edwina Grima is speaking to jurors before they deliberate on the verdict.

The case dates back to June 2010, when 40-year-old barman Godfrey Gambin and Adel Mohammed Babani, 51, were caught allegedly smuggling the drug consignment in Xemxija soon after it had been unloaded from a boat in Fekruna Bay. If found guilty, both men could be jailed for life.

During its submissions the defence raised questions on the handling of the police investigation while arguing that the defendants had not been aware of the smuggling operation.

At the start of this trial, former assistant commissioner Neil Harrison revealed that this had been a controlled delivery. Subsequently the defence questioned the legality of such operation and the reasons why such important fact had been kept concealed for six years.

Investigators had leapt to conclusions when there had been insufficient evidence

Defence lawyer Malcolm Mifsud, appearing for Mr Babani, argued that investigators had leapt to conclusions when there had been insufficient evidence, pointing out that the police also had expressed their doubts at the time.

He also noted that one witness, John Vella, had testified that Mr Babani had approached him to be part of the trip, but eventually pulled out.  Mr Babani wouldn't have placed him in such a compromising position as the two had been close friends, the witness had told the court.

In his closing arguments, defence lawyer Franco Debono, who is appearing for Mr Gambin, reiterated his criticism to the controlled delivery operation.

The police did not bring much in the way of evidence, he argued. Dr Debono noted that no member of the Armed Forces had been summoned to testify on the operation, no telephone intercepts had been exhibited and no witness had been brought to testify that they had been tasked with receiving the sham delivery.

On its part, the prosecution argued that the controlled delivery had been authorised by a Magistrate, according to law.  Reference was also made to the testimony of court-appointed expert pharmacist Mario Mifsud who explained that only 0.3 grams of cannabis were required for a joint. Consequently, the consignment was not for personal use.

The prosecution also noted that six years down the line, the defendants recalled more details than on the day of the incident. This, together with other discrepancies, clearly showed the lack of credibility of the accused.

It also argued that on the basis of all the evidence brought forward in this case, the defendants should be found guilty of all the charges brought against them.

Madame Justice Edwina Grima has now begun her final address to the jury, after which the 11 jurors will retire to deliberate.

Lawyers Giannella Camilleri Busuttil and Nadia Attard from the Office of the Attorney General are prosecuting. Lawyers Alfred Abela, Franco Debono and Mario Mifsud are appearing for Mr Gambin, while lawyer Malcolm Mifsud is defending Mr Babani.

 

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