The case of a man charged with trafficking heroin has been sent back to the Magistrates Court due to a procedural error.
Herman Mckay, 31, from Marsa, had leaded not guilty to trafficking half-a-kilogram of heroin in August, 2007.
Today, Mr Justice Michael Mallia heard that documents in the acts of the proceedings had gone missing and the case file was recompiled.
When the Attorney General’s Office issued the bill of indictment, defence lawyer Franco Debono noted that no magisterial order had been made and requested that it be declared null.
Mr Justice Mallia said that he had no option but to declare the bill of indictment null and void and sent the proceedings back to the magistrate’s court for the order to be given.
He noted that the mistake did not lead to the acquittal of the accused.