A woman, facing overlapping drug-trafficking charges in two separate proceedings, has been cleared in one case on the strength of the basic principle that a person cannot be tried twice for the same offence.
Dorothy Refalo had been targeted by the criminal investigations into alleged trafficking and aggravated possession of heroin in July and August 2009.
The woman was ultimately charged in two separate proceedings over identical charges.
In one case, the charges dated back to July and August 2009, whereas in the other proceedings the charges related to the period of March 2010 and the preceding four years.
The latter case had reached appeal stage on April 26 and had resulted in a reduction of punishment from the original two and a half years to one year imprisonment with the court, presided over by Mr Justice Giovanni Grixti, observing that the principle of ne bis in idem was not applicable since there was no conviction or acquittal once proceedings in the other case were still ongoing.
That legal principle, however, provided the crux of the decision handed down by the Magistrates’ Court in Gozo almost a month after the first final judgment.
The court, presided over by magistrate Joseph Mifsud, delved into local and European jurisprudence on the subject of ne bis in idem and cited the Opinion of Advocate General Kokott in a 2012 Toshiba case wherein it was held that “the ne bis in idem principle is based largely on a fundamental right enshrined in the ECHR,” namely Article 4(1) of Protocol No 7 to the Convention.
Applying this doctrine to the case at hand, the Court observed that the charges referring to July and August 2009, were encompassed under those relating to March 2010 and the preceding four years, for which the accused had already been convicted.
While pronouncing an acquittal, the court urged better coordination among separate police units to avoid possible overlapping charges, pointing out that as far as Gozo was concerned, the problem appears to have been addressed.
Indeed, the Drugs Squad had set up a permanent branch in Gozo thereby ensuring full coordination with the district police in gathering evidence and instituting action against those “spreading death on the island.”
Lawyers Franco Debono and Angie Muscat were defence counsel.