A man who attempted to dispose of drugs found in his possession by throwing them into the toilet has been sentenced to nine months in jail and fined €700. 

Magistrate Natasha Galea Sciberras found 40-year-old Kenneth Ellul, from Tarxien, guilty of cocaine and heroin possession and trafficking in March 2009. 

The court heard Police Inspector Johann Fenech explain how he had arrested Mr Ellul over drugs. He said that while he was being interrogated at the CID, Mr Ellul said he needed to go to the Detox Centre as he was suffering from drug withdrawal symptoms. The inspector left the room briefly to look for a police officer who could accompany Mr Ellul. A police sergeant remained with him. 

When Mr Ellul returned and the interrogation continued, the inspector realised that the sachets that had been found at Mr Ellul's house during a search were missing from his desk. They were eventually found hidden in the reception area of the CID section. Another sachet was found floating in the toilet bowl of a cell where the suspect was detained. The inspector said a white substance was also floating on the surface. 

During his interrogation Mr Ellul at first denied but then admitted that it was he who had taken the drugs from the inspector's desk because he was suffering from withdrawal. He told the police that he had purchased €25 worth of heroin and €25 worth of cocaine from an individual shortly before he was arrested by the police. 

Court experts could not examine the drugs found but the court based its decision on Mr Ellul's two statements, that he also signed, in which he admitted to drug possession and trafficking, since he said he was going to share the drugs with his partner. 

The court therefore jailed him for nine months and fined him €700 after considering Mr Ellul's criminal record that included convictions fro drug possession, aggravated theft, voluntary damage and breaching the conditions of previous releases.