Convicted drug dealer again refuses to testify

A convicted drug dealer was yesterday cautioned on the consequence of perjury and contempt of court when he took the witness stand a second time and insisted that he did not wish to give evidence in the compilation of evidence against a British man charged with importing drugs.

Gregory Robert Eyre first took the witness stand in the case against Mark Kenneth Charles Stephens on Tuesday when he explained that he had been arrested on August 11, 2003, together with his fiancée Susan Jayne Molyneaux and found to be in the possession of three kilogrammes of cocaine and over 7,000 ecstasy pills when he came to Malta from Spain.

He has since been jailed for 15 years and fined Lm25,000 when he admitted to drug importation and conspiracy in relation to drug trafficking.

Information obtained during the concluded case against Mr Eyre and pending case against Ms Molyneaux had sparked off proceedings to extradite Mr Stephens from Spain to Malta. Mr Stephens, 42, is now pleading not guilty to conspiring and associating himself with others to sell cocaine and cannabis resin in Malta.

During Tuesday's sitting Mr Eyre had insisted that the Mark Stephens sitting in the dock was not the same Mark Stephens he had done business with.

After being cautioned several times by the court about the "hefty consequences" of perjury, Superintendent Neil Harrison, who is prosecuting with Inspector Norbert Ciappara, read out extracts from a statement released under oath by Mr Eyre in August 2003.

In the statement Mr Eyre said he had carried out the drug run after being appointed by Mr Stephens who had been sending drugs to Malta for at least 15 years. He also added that he knew Mr Stephens very well and also gave police details about his family.

But when questioned on Tuesday Mr Eyre said he did not recognise the Mr Stephens in the court room and that those parts of his statement which referred to Mr Stephens were not authentic but were the superintendent's words.

Following several cautions by the magistrate Mr Eyre's testimony was put off to yesterday when on taking the stand he said: "I'd like to make a statement. I would not like to testify in this court. I testified earlier this week and would not like to testify any further."

Magistrate Jacqueline Padovani Grima, presiding over the sitting, then told him that since the case against him had been decided there was no risk that he would incriminate himself and he therefore had an obligation to give evidence. The magistrate then ordered Superintendent Harrison to put his questions to the witness.

Superintendent Harrison asked Mr Eyre a series of questions: Do you recognise Mark Stephens who sent you to Malta with drugs? What do you know about Mark Stephens? Did you receive payment for importing the drugs? Which of the two versions you gave is the truth?

To all these questions Mr Eyre replied with the litany of "no comment".

The magistrate then asked Mr Eyre if he had been threatened and to this he replied: "I'm choosing this out of my free will. I have been neither threatened, paid nor intimidated."

He added that if more questions were put to him "I will carry on with my answers of no comment."

After being cautioned yet another time and warned that he may be found to be in contempt of court he was given a couple of minutes to reconsider his position.

He insisted that he did not wish to testify. "I gave evidence earlier in the week and don't wish to add or subtract to what I said."

Superintendent Harrison said that at this stage he wished to suspend the sitting. Magistrate Padovani Grima reserved the right to take further action against Mr Eyre and suspended his testimony until Monday when he will be given the last chance to answer to questions put to him.

Once Mr Eyre stepped off the stand Ms Molyneaux followed him and chose not to testify as there were pending court proceedings against her.