A man accused of drug trafficking has been let off the hook by a court after the wrong date of the alleged crime was indicated on the charge sheet.
Mohamed Hussein Abdi, a Somali, was accused of dealing in cannabis in Paceville.
Magistrate Natasha Galea Sciberras observed that whereas the charge sheet exhibited in Maltese referred to offences allegedly committed by the accused on July 14, the charge sheet exhibited in the English language referred to July 16.
In the evidence produced, it was clear that the alleged facts took place on the 14th, not the 16th. The accused was arraigned under arrest on July 15. The incident report was entered by the police on July 14 and referred to an incident that allegedly occurred during the previous hour.
The accused released a statement on July14 at 1.15 pm.
In his deposition, a policeman referred to July 14 as the date of the incident, as did the other witnesses for the prosecution. The medical certificate issued in respect of the accused and exhibited by the prosecution was also dated July 14, 2016.
But when the arraignment was made, the court accepted a request for proceedings to be held in English because the accused did not understand Maltese. The charges that were read out and confirmed on oath by the Prosecuting Officer were also in English (and referred to July 16).
"It is therefore clear to the Court that during his examination in terms of law, the accused was answering to the charges, as served upon him and as exhibited in the English language," the Magistrate said.
She pointed out that the law clearly laid down that: “The summons shall contain a clear designation of the person summoned and a brief statement of the facts of the charge together with such particulars as to time and place as it may be necessary or practicable to give …”.
After referring to other judgements which confirmed this same principle the court declared that it was therefore clear in this case, that since the charges referred to July 16, whereas the alleged facts occurred on July 14, the accused cannot be found guilty as charged.