A convicted drug trafficker sentenced to three years in jail should never have been found guilty because of a basic error in the charges, his lawyers argued yesterday.

On his arraignment, André Falzon, 21, from San Ġwann, who was assisted by a legal aid lawyer, pleaded guilty to trafficking in ecstasy, conspiring to commit the crime, being in possession of cannabis and committing the crime within 100 metres of a place frequented by minors.

He was arrested at a party at the old prison in Corradino on September 8 when he was found carrying 57 ecstasy pills which, he said, were given to him by an Italian man he met in Paceville.

He was meant to sell the drugs for €10 each, making some money for himself from the sale.

He was sentenced to three years in jail and fined €1,000. Deeming the punishment “exaggerated”, Mr Falzon hired a lawyers’ firm to lodge an appeal, when a mistaken date on the charge sheet was noted.

In the appeal, lawyers Franco Debono and Marion Camilleri noted that Mr Falzon was charged with committing a crime on August 8, rather than September 8. Because of this error, he should be acquitted, they argued.

In the absence of an acquittal, they requested a review of the sentence, their client pleaded guilty at an early stage in the proceedings and cooperated with the police.

Thus, three years in jail was exaggerated, the two lawyers said.

They also asked for a pre-sentencing report to be drawn up on Mr Falzon’s drug problem.

In a similar case last year, three policemen and a bouncer were cleared of illegally holding a French student against her will because of a charge sheet error.

The charge sheet had recorded the incident as having taken place at 11pm when it had actually occurred at 3am.

The four men had been arraigned again and were acquitted again after the court upheld a double jeopardy claim by the defence.