Two men and a woman arrested yesterday in Marsa after a police drug find were granted bail following their arraignment this morning. The police raid followed an accidental fire in a stable.
First to enter the courtroom was Jason Borg a 39-year old horse-drawn cab driver, on charges of aggravated possession of heroin. He is the owner of sof stablesriq is-Serkin, Marsa where a police raid took place.
When making submissions on bail, which was objected to by the prosecution on account of the gravity of the offence, defence lawyer Alfred Abela said that the accused had already made a sworn statement before magistrate Aaron Bugeja. “The problem is that while it is true that the things were found on his property, he didn’t know what they were. He is now being held in the same place as the persons he has implicated and is in danger. In no way can he tamper with evidence outside.”
Lawyer Veronique Dalli, also assisting the accused, pointed out that this was not conspiracy or trafficking but aggravated possession “because the police could not even suspect that there was a conspiracy.”
“We have before us, at most, a footsoldier,” Dr Dalli continued, adding that in his 39 years, the man had no previous run-ins with the law and would not abscond.
Magistrate Audrey Demicoli upheld the request for bail against a deposit of €2,500 and a personal guarantee of €5,000 and upon the condition of signing the bail book daily at the Bkara police station.
As Mr Borg left the courtroom a couple, also arrested in yesterday's raid, entered to take their place in the dock.
Stable-hand Nicholas Farrugia, 25, from Cospicua and his partner Shana Farrugia, 22, from Hamrun, were jointly charged with aggravated possession of heroin and conspiracy to traffic. The man alone was further charged with animal cruelty in view of the fact that animals were being kept in the shed when this caught fire yesterday in an incident which subsequently led to he police raid.
The couple pleaded not guilty and requested bail.
Inspector Gabriel Micallef objected to bail on the grounds of the gravity of the offence and the possibility of tampering with evidence.
Lawyer Franco Debono, assisting Ms Farrugia, pointed out that the main witness had already released a sworn statement before Magistrate Aaron Bugeja. This meant that his testimony had been preserved and could not be retracted. The preoccupation of the prosecution regarding the tampering of evidence was not justified, the lawyer argued.
Moreover, the presumption of innocence in favour of his client was to hold firm, he concluded.
Lawyer Arthur Azzopardi, assisting Mr Farrugia, added further that if the court were to withhold bail, this effectively meant that the accused might never be released on bail. The main witness, who was facing criminal proceedings, had a right not to testify until his case was over. “This could take some 3 or 4 years,” the lawyer argued.
“When is he going to testify? We don’t know. Will he ever testify?” continued Dr Azzopardi, pointing out that his client might remain in custody indefinitely.
The court upheld the defence’s arguments, releasing both accused from custody against a deposit of €5,000 and a personal guarantee of €5,000 each, besides having to sign the bail book daily and observe a curfew between 8.00pm and 8.00am.
Lawyer Arthur Azzopardi appeared for Nicholas Farrugia, while lawyer Franco Debono appeared on behalf of Shana Farrugia. Lawyers Veronique Dalli and Alfred Abela were defence counsel to Mr Borg.