A man caught with two blocks of cannabis resin amounting to just under 200g of the drug has been remanded in custody pleading not guilty upon his arraignment on Friday.
Joseph Rizzo, a 56-year old self-employed salesman from Fgura, was arrested after a police surveillance team spotted him in the company of two others. The man was known to the police.
Officers searched the men and found five blocks of suspected cannabis resin. Mr Rizzo had two blocks in his possession and another man present had three.
Although three persons were arrested in the raid, two of them were subsequently granted police bail pending ongoing investigations.
The third suspect, namely Mr Rizzo, today pleaded not guilty to charges of cannabis possession under circumstances indicating that it was not for his exclusive use, as well as to breaching bail, granted in respect of separate proceedings dating back to 2014.
Prosecuting Inspector Mark Anthony Mercieca explained that the drug found in possession of Mr Rizzo amounted to some 186 grams.
Defence lawyer Franco Debono, making submissions on bail, pointed out that this was a case of possession and not trafficking.
As for the breach of bail, Dr Debono raised a fine point over a practice that has evolved before the courts whereby a person is charged with having breached bail by committing an alleged offence of which he is yet to be found guilty.
Even if one is eventually convicted, that decision would still be subject to appeal, Dr Debono went on, stressing that this was not a clear, indisputable breach of bail, such as when the person failed to sign the bail book or keep to a curfew.
Yet the court, presided over by magistrate Gabriella Vella, turned down the request in the light of the nature of the charges, the circumstances of the arrest and the fact that other persons, targeted by investigations, were still to testify.
Lawyer Marion Camilleri was also defence counsel.