A man who was caught by police as he sold, for the first time in his life, six ecstasy pills on new Year's Day 2008 in Paceville, has been sentenced to six months in jail and fined €1,500.

Biern Farrugia, 25, from Cospicua, pleaded guilty to the charges before Magistrate Marseann Farrugia who jailed and fined him.

The court heard how Mr Farrugia was caught during a Drug Squad Police inspection in a bar in Paceville. He was found in possession of four ecstasy pills and €335 in cash. In his statement to the police, he admitted that the pills were his and that he had sold six pills earlier that evening. He also admitted that the cash was his.

He told the police that he had been abusing of ecstasy for three years and that that was the first time he had ever sold drugs.

Before Magistrate Farrugia, Mr Farrugia's defence lawyers complained that the only evidence of drug trafficking that the police had in hand was his statement and that since it was released at a time when suspects had no access to a lawyer, it should be considered as inadmissible evidence.

However, the court noted that although the defendant had never been interrogated by the police before, he could not be considered to be a vulnerable person.

He was over 18 years old when the case happened and only raised this legal complaint three years into the compilation of evidence against him.
Magistrate Farrugia considered his clean criminal record and that fact that this was the first time he had sold drugs.

On the other hand, the court was legally-bound to impose an effective prison term so she condemned him to the minimum sentence of six months' imprisonment. She also fined him €1,500.

Police Inspector Pierre Grech prosecuted.

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