Terry Embleton, 41, was refused bail after he pleaded not guilty to being in possession of cannabis that was not meant for his personal use and possession of one ecstasy pill on December 13.

It was possibly a misunderstanding. He was in hospital as an EU citizen and not in custody

Accompanied by his wife Kerry, Mr Embleton listened in silence as the police read out the charges in court, quietly wiping away tears.

Police Inspector Dennis Theuma, prosecuting, gave Magistrate Marseann Farrugia a detailed explanation of what happened two weeks ago when the Embletons and a Maltese man were arrested following a raid at their Qawra apartment.

He said the police spoke to Mr Embleton on December 13, soon after the raid, after he refused to consult a lawyer. He was kept overnight at the police lock-up but, the following morning, started complaining of chest pains.

Accompanied by a police officer, Mr Embleton was taken to hospital in an ambulance on December 14, Mr Theuma said.

At about noon, the police officer was dismissed because Mr Embleton was going “to be kept in hospital and was no longer bound by preventive custody”, he added.

Mr Theuma said he asked the hospital staff to inform him when Mr Embleton was going to be discharged. Later that evening, he called the ward at about 7.30 and was informed that his bed was empty.

Mr Embleton had not been discharged and so Mr Theuma said he issued a notice, including to police stations, the airport and seaports, saying that Mr Embleton was “needed” in connection with police investigations.

“It was possibly a misunderstanding. He was in hospital as an EU citizen and not in custody,” Mr Theuma said.

He objected to a request for bail, arguing that the Embletons had nothing: no property, nowhere to live, no money and their only possession – a car – had been seized by the police.

“Both are unemployed and, although they have been here since 2007, had made plans to leave Malta because they wanted to put their past behind them,” the prosecuting officer said. The couple wanted to leave because Mr Embleton said he did not want to “die in prison alone” as a result of his addiction, the officer said, adding that the accused knew he was going to be questioned and, possibly, face drug-related charges.

Although Mr Embleton assumed responsibility for all the cannabis seized, there were witnesses and the police was concerned about the possibility of tampering evidence.

Defence lawyer Rachel Tua argued that the Embletons were staying at a relative’s house and could not leave the island because they had no money.

“He has a severe drug problem and prison isn’t the best choice. Sending him there will cause more problems. He suffers from chest pains because he has been addicted since he was 13,” she said.

Dr Tua suggested that bail should be tied to an in-house rehabilitation programme because the accused wanted to kick the habit.

However, Magistrate Farrugia refused bail in light of the serious charges, saying she was worried about possible tampering of evidence. She recommended the prison director to take into consideration Mr Embleton’s health and drug addiction problem.

Police Inspector Nikolai Sant also prosecuted.