The defence team for a man facing drug trafficking charges has tried to highlight flaws in the prosecutions' arguments, saying their client was in a wheelchair at the time and could not have manoeuvred his way around the fridges in which the drugs were allegedly found.
When making final submissions on Friday morning, the defence countered the accusations put forward by the prosecution by casting doubt upon the alleged link between the accused and “the rubbish found in the fridges.”
The space was “physically inaccessible,” given the restricted mobility of the accused, lawyer Edward Gatt argued.
The ongoing trial is nearing its closing stages, with the presiding judge expected to end his final address to the jury on Saturday.
Martin Dimech, 57, from Żejtun, is facing a possible maximum punishment of life imprisonment, a fine of up to €116,500 and the forfeiture of all his assets, movable and immovable by the State over the alleged aggravated possession and trafficking of heroin.
The case dates back to May 2009 when the police, acting upon a tip-off about Mr Dimech’s alleged involvement in the illegal drug trade, had carried out a search inside the man’s Żejtun residence where five packets of brown powder were discovered.
The suspicious substance was later confirmed to be some 925 grams of heroin, of 35 per cent purity and having an estimated street value of €42,561.96.
The drugs had been stowed away in the topmost compartments of two commercial-type fridges, hidden behind an outer panel which had to be screwed back into place. The fridges stood inside the garage adjoining the accused’s residence.
Laying into the “trump card” of the prosecution, Dr Gatt made reference to some 40 missed calls which had been registered on the accused’s mobile phone shortly after his arrest, all in rapid succession.
“If only the police had allowed him to answer those calls!” Dr Gatt argued, referring to a certain man, nicknamed “il-Koku”, who allegedly used to visit the accused’s home, invited by Mr Dimech’s partner.
Earlier on, the woman herself had testified how this man would call at their home, sometimes in the presence of her partner and on other occasions even while he was out.
The woman told the court how she would offer a coffee and a word of advice to this man who allegedly had drug problems.
Stressing that the prosecution’s case was riddled with errors, Dr Gatt pointed out that the fridges in which the drugs had been found had not been exhibited, the weighing scales found during the search had apparently not been sealed when taken into police custody and no proof had been put forward that these scales actually functioned, a photo of these scales simply showing them at zero weight.
In the light of all this, if the jurors were to reach a verdict of guilty, would they be comfortable years down the line, Dr Gatt queried, facing the men and women seated on the jury panel.
After the concluding arguments by the defence, Mr Justice Antonio Mizzi began his final address to the jury, which is expected to continue on Saturday.
Lawyers Edward Gatt and Veronique Dalli are defence counsel.
Lawyer Lara Lanfranco from the AG’s office is leading the prosecution.