Two men accused of drug possession were yesterday acquitted because they were not given access to a lawyer before their police statements were taken.

The only evidence against the accused in both cases was their police statements and since they were taken in breach of their human rights – because they were not given access to a lawyer – they had to be acquitted, Magistrate Marseann Farrugia ruled.

It resulted from the first of the two judgments yesterday that Warren Bugeja, 22, from Marsaxlokk, had been taken to hospital in a “drowsy” state four years ago and was seen to by Tracy Azzopardi, a doctor. She testified that she had seen him in the casualty ward only and once his condition was stable he was kept in a waiting hall.

Blood tests were carried out but when she checked his medical file the results were missing, Dr Azzopardi said. In a police statement, Mr Bugeja said he had taken one ecstasy pill. The statement was the only evidence against him and he was therefore acquitted.

In the second case, a 22-year-old, who cannot be named because he was a minor at the time of the alleged crime, was spotted by police officers allegedly making suspicious movements during a party in February 2006 and when questioned admitted to taking ecstasy and cannabis. The only evidence against him was a police statement and this was found to be in breach of his rights because he did not have access to a lawyer.

Lawyer Franco Debono appeared for both men.