Three men were on Thursday accused of aggravated drug possession after police officers saw them throw a package out of the window during a routine traffic stop.
Ferdisan Azzopardi, 20, from Valletta, Shamison Mamo, 22, from Pembroke and Russel Ghiller, 21, from Senglea, were arraigned in front of Magistrate Charmaine Galea, charged with aggravated cocaine possession and destroying evidence.
Azzopardi was separately charged with driving without a license or insurance cover and recidivism, while Mamo was also charged with breaching bail conditions.
They pleaded not guilty to all of the charges.
Police Inspector Sarah Kathleen Zeraga told the court that police had encountered the trio during a routine traffic stop in Marsa. They saw the driver of a Toyota disposing of something from the driver’s side window.
Moving closer to investigate, police officers found the plastic package was full of shattered glass and 18 sachets full of white powder, suspected to be cocaine.
Officers stopped the car and arrested Azzopardi, conducting a search of the vehicle and finding a pouch between the two front seats in which another 10 sachets of cocaine were discovered.
Ghiller and Mamo, who were passengers in the car were then also placed under arrest.
Objecting to a request for bail, AG lawyer Nadia Ciappara said that while there were no civilian witnesses party to the incident, the accused were still being charged with a very serious crime.
Zeroing in on Azzopardi, she said he had already been convicted for driving without a license as a minor.
She said there were serious concerns as to whether he would be capable of adhering to bail conditions if imposed.
In Mamo’s case, Zerafa said the prosecution was also objecting because he was facing separate criminal proceedings and had been charged with these crimes while out on bail.
She implored that while the court had to safeguard the rights of the accused, it also had a duty to strike a balance with what was best for society at large, noting that the drugs they were found with denoted it was not for their personal use. Drugs, she added, had a profoundly destructive impact on society.
Defence lawyer Nicholas Mifsud rebutted that the prosecution was trying to play on the court’s emotions, chiding that they were making submissions on bail as if the court was about to make a final decision.
He said that his client’s mother was willing to take him into her home and the court could bind him to observe a curfew.
He was already employed and was about to start a full-time job laying turf with the government.
Lawyers Ishmael Psaila said that Mamo had been granted bail without conditions and that the first court would have to first find him guilty in order to say conclusively that he had breached his bail conditions.
He also argued that the three men were young and still starting out in life and that sending them to prison would only upend their livelihoods and stability.
Lawyer Mark Anthony Mifsud Cutajar also observed that the prosecution had made no specific objection as to why Ghiller should not be granted bail, similarly arguing that prison would adversely impact the lives of all three of them.
Lawyer Franco Debono separately argued that at this stage, the police said they had found 28 sachets, however, they had not specified the full weight of the drugs.
Aside from the fact that 2 grams of cocaine should have landed the accused in front of the drug court, it also signalled that there were not enough drugs to charge the trio with trafficking.
The men were granted bail against a €2,000 deposit and a €5,000 guarantee each.
They were ordered to sign the bail book twice a week and the court imposed a curfew on each one of them.
AG lawyer Nadia Ciappara and inspector Sarah Kathleen Zerafa prosecuted.
Lawyers Nicholas Mifsud and Franco Debono assisted Azzopardi, while lawyer Ishmael Psaila appeared for Mamo and lawyer Mark Anthony Mifsud Cutajar defended Ghiller.