Two Żejtun brothers were acquitted on drug charges after a magistrate's court declared that the evidence produced by the prosecution did not suffice to prove the men's involvement.
Antoine Galea, 38, and his brother Silvio, 40, were arraigned on charges of aggravated drug possession. Antoine Galea was also separately charged with drug trafficking.
The court, presided by magistrate Natasha Galea Sciberras, heard how the police had been tipped off regarding a drug trafficking racket allegedly centred around the brothers' home in Żejtun.
On January 20, 2006 at around 7am a police watch set up outside the residence reported that a man and woman had been observed running into the building. The woman emerged shortly after carrying a white plastic bag. The man also exited apparently hiding something underneath his jacket.
The inspector on watch ordered the arrest of Antoine Galea who was found at a Żejtun bar and taken into police custody.
A police search on a speedboat lying in a field opposite the residence of the brothers yielded a milk tub containing a brownish substance later confirmed by forensic experts as being cannabis resin.
Although the accused had admitted that the boat belonged to their family, the evidence produced did not prove that the drug discovered in the boat actually belonged to the brothers
The court observed that although the accused had admitted that the boat belonged to their family, the evidence produced did not prove that the drug discovered in the boat actually belonged to the brothers.
Although the police watch had testified that the brothers' behaviour raised suspicion and although they had allegedly been filmed approaching the boat which later yielded the drug cache, this was not shown in the footage presented in court which was limited to the day of the watch.
Moreover, a forensic expert had testified that none of the fingerprints elevated from the drug-filled container inside the speedboat matched those of the accused.
The court further remarked that the boat was in a field which was in the open and was thus 'exposed.'
Certain papers discovered in the home of Antoine Galea bearing names, figures and references to 'debt' raised suspicion of a drug-trafficking activity but were not sufficient to prove the accused's guilt.
The court acquitted the two brothers after concluding that the evidence produced by the prosecution did not suffice to instil in the court the moral certainty required for a finding of guilt.
Inspector Norbert Ciappara prosecuted.
Lawyer Edward Gatt was defence counsel.