A partygoer accused of drug possession and trafficking walked out of court a free man today after a magistrate's court found the evidence to be lacking and conflicting.

Lizio Grech, 34, from Żabbar was at a party in Ta' Qali on May 1, 2009, when a search by the police yielded two and a half green pills, later proved to be ecstasy, allegedly in the possession of the accused.

Mr Grech was arrested on the spot and taken to the police headquarters, the court was told.

The court, presided by magistrate Natasha Galea Sciberras, declared that since the accused had not been assisted by a lawyer, his statement to the police was inadmissible as evidence.

A court-appointed expert testified that he had been given a brown envelope with a plastic bag inside it containing the pills. The exhibit's label indicated that the pills had been lifted on the day of the party, at 11.50pm 'from the ground close to the accused's feet.'

The court observed that the prosecution's evidence contained conflicting statements. A police officer had testified that the pills were being carried by Mr Grech, whereas the tag on the exhibit stated that the pills had been recovered from the ground close to where the accused was arrested.

"Where were these drugs found?" the court queried. On account of the conflicting evidence, the court was not convinced that the drugs were actually found in the accused's possession.

The court consequently acquitted the accused and ordered the destruction of the drugs.

Inspector Pierre Grech prosecuted. Lawyers Franco Debono and Marion Camilleri represented the accused.