A judge decreed today that a man accused of drug trafficking will not face a trial by jury but will have his case heard and judged by the Magistrates' Court.

This was the first judgment since a law amendment came into force on August 14 this year whereby an accused can challenge the Attorney General's discretion of whether someone accused of a crime must face a trial by jury.

Emanuel Magri, of Luqa, challenged this decision in a case in which he is charged with trafficking and possession of more than half a kilogramme of heroin in 2003.

Through his lawyer Giannella de Marco, Mr Magri complained that it took the prosecution 11 years to present its case. The police allegedly found him in possession of 563.3 grams of heroin with a purity of just 20 per cent.

In the past 11 years, the defence said, Mr Magri continued living a life away from criminality. Dr de Marco said this long time was detrimental to her client.

Mr Justice Michael Mallia said this was "a borderline case" so the court was inclined to decide on which was the most favourable for the accused. He said the average purity of heroin in drug cases in the past four years was 35 per cent.

He therefore upheld the man's request and ordered that it is heard and judged by the Magistrates'  Court.

A drug trafficking case following a trial by jury carried a maximum of life in jail while the maximum before the Magistrate's Court is 10 years.