The Court of Criminal Appeal today confirmed a judgement that had found a minor not guilty of possession of cannabis and ecstasy on the basis that his statement, which was the only proof, had not been taken in the presence of a lawyer.

The case started in February 2006 when the accused, then 17, had allegedly been found in possession of the drugs.

He was one of the first people to raise the plea that his police statement had not been taken in the presence of a lawyer.

Through his lawyers, Franco Debono and Marion Camilleri, the accused had asked for a constitutional referral and the Court of Magistrates had sent the case to the First Hall of the Civil Court, which found in favour of the accused.

The Attorney General had appealed to the Constitutional Court which confirmed the First Hall’s judgement that the statement had been taken in breach of human rights. It sent the case back to the Magistrate’s Court for a decision on the merits.

The Magistrates’ Court had acquitted the accused ruling that it could not rely on a statement obtained in breach of human rights.

The Attorney General appealed once again and the Court of Criminal Appeal confirmed its judgement today.