A former drug addict facing a three-year jail term for cocaine trafficking had his sentence reduced to a fine after a court of appeal cast doubt upon the reasoning of the first court.

Paul Philip Caruana, 47, from Mosta, had been handed the jail term and a fine of €2,000 after being found guilty of possessing cocaine in quantities which did not appear to be solely for his personal use.

Mr Caruana had allegedly met his supplier in August 2004 intending to buy 15g of cocaine. Some Lm1,097 in cash had also been discovered during the search in Qormi.

He claimed that he had purchased the drug – which was 40 per cent pure – to get him through a two-week trip to Gozo with his girlfriend. However, the magistrate presiding over the first court did not find this credible, as she doubted whether he could withstand the effect of this dose over a relatively short period.

The first court had also commented on the fact that the absence of any drug-related equipment found during the arrest also indicated that the drug was not intended for personal use. However, the defence lawyer had countered that “to consume cocaine you require no tools....All that you need is a nose and a surface”.

In its judgment, the court of appeal presided over by Mr Justice David Scicluna observed that the law did not set out the minimum amount of drugs which would rule out personal use, thereby intending each case to be decided on its particular merits.

Mr Justice Scicluna also pointed out that drug users would generally not know the purity of the substances they consume and that Mr Caruana, having purchased the drug from a known supplier, was “undoubtedly” able to tolerate the purity.

The court also remarked that there was nothing “unbelievable” about the fact that a person with a drug dependence would stock up on his supplies before venturing on a trip, especially as he could bring unconsumed drugs back to Malta with him.

It was also observed that the accused had cooperated with the police, furnishing them with the contact details of the supplier – leading to the latter's arrest.

The court concluded that the first court could not have reasonably reached the conclusion that the drugs had not been for the man's personal use and, taking into consideration his assistance to the police, the court reduced the punishment by removing the jail term and allowing the €2,000 fine.

Lawyers Joseph Giglio and Stephen Tonna Lowell appeared for the appellant.

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