Nine years after police discovered five packages of heroin found tucked away inside a fridge, the man they believe was the trafficker responsible has started facing a trial by jury.
Martin Dimech, the now-57 year old from Żejtun, had pleaded not guilty to the aggravated possession and trafficking of heroin upon his arraignment back in May 2009, which had followed the discovery of the cache.
The police had been monitoring the accused’s movements for some two months, acting upon a tip-off that the man was suspected of being involved in drug trafficking.
A search warrant executed at the suspect’s home had ultimately led to the discovery of five packets of heroin hidden inside the fridge compartments, with the substance weighing some 925 grams.
The drug, having a purity of some 35%, was estimated to have a street value of €42,561.96 at the time.
At the end of the compilation of evidence, the accused had been placed under a bill of indictment, with the trial scheduled to kick off in 2013. However, the trial was suspended pending the resolution of a constitutional case wherein the accused was claiming that the law, empowering the Attorney General to decide whether proceedings were heard before a Magistrates’ Court or before a jury, was in breach of his fundamental rights.
A Magistrates’ Court could only impose a maximum jail term of ten years, whereas in case of a trial by jury the accused could face a possible maximum punishment of life imprisonment.
The First Hall, Civil Court in its constitutional jurisdiction had upheld the applicant’s argument concluding that "With his unfettered discretion the AG was taking on the offices of both prosecution and judge, violating the accused's right to a fair hearing by an independent and impartial tribunal.”
However, in September 2014, the judgment was subsequently overturned upon an appeal by the Attorney General, with the Constitutional Court declaring that the fact that the bill of indictment placed the accused under the possible punishment of a life sentence, did not in itself constitute a breach of his right to a fair hearing.
The trial continues tomorrow.
Mr Justice Antonio Mizzi is presiding. Lawyer Lara Lanfranco from the AG’s office is leading the prosecution. Lawyers Edward Gatt and Veronique Dalli are defence counsel.