A young man who denied a sachet of cocaine was his – after it fell from his underpants – ended up facing a more serious charge than possession as a result.

His denial implied the drugs were meant for someone else so he was charged with aggravated possession, which would carry a stiffer sentence, although in the end he was only found guilty of a lesser charge.

Christian Attard, 26, from Floriana, was at a party in the same town on September 28, 2008, when the police searched him and discovered the sachet.

He immediately said the sachet was not his, adding he had never taken or sold drugs.

Assistant Police Commissioner Norbert Ciappara said the reason the accused was charged with both aggravated possession and possession for personal use was because he denied the drugs were his.

Defence lawyers Veronique Dalli and Dean Hili argued their client was 20 when he was arrested and had never been in police custody before.

Neither was he accorded a lawyer during his interrogation so his police statement should not be taken into consideration, they said.

Magistrate Natasha Galea Scibberas said the police had not proven their case but Mr Attard’s attempt to avoid being found guilty of possession had backfired.

Acquitting him of aggravated possession and finding him guilty of simple possession, she conditionally discharged him for a year.

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