Court allows Melvin ‘il-Quws’ Debono to be tried by Magistrates’ Court

A court has accepted Melvin Debono’s request to be tried before the Court of Magistrates rather than the Criminal Court, a move that lowers the maximum possible sentence he faces from life imprisonment to a maximum of 10 years if he is found guilty.

The Attorney General presented a bill of indictment against the notorious criminal, known as il-Quws, on December 20, 2024 where he is indicted over aggravated possession of cocaine and breaches to four sets of bail conditions. The charges date back to November 17, 2021.

After he was served with the Bill of Indictment, Debono, who is from Paola, filed an application to be tried by the Court of Magistrates instead of the Criminal Court.

In his application, Debono cited the Fourth Schedule to the Dangerous Drugs Ordinance and argued that the guidelines contained therein were indicative and not an exhaustive list.

He claimed that the alleged drugs had a low purity, that of 40 percent, and insisted that they were not intended for dealing.

Debono also argued that while he had been charged with conspiracy before the Court of Magistrates, that charge did not make it to the Bill of Indictment. He also highlighted the lack of evidence that he was going to make any financial gain or that he was involved in a complex drug organisation.

The Attorney General objected noting that the amount of drugs found in Debono’s possession was higher than the amount indicated in the guidelines. The prosecution also argued that the drugs would have potentially ended on the market and the possible harm which could have been caused needs to be accounted for.

The Criminal Court took into consideration the guideline on the exercise of discretion contained in the Fourth Schedule to the Ordinance. These guidelines apply to all persons accused aged 16 and over.

The guidelines state that the principle consideration to be made when determining before which court one is to be tried for an offence against the Ordinance is that of the harm or the potential harm caused by the offence charged.

The quantity of the drug is a principal consideration in assessing harm, while purity need not necessarily  be taken into account at the initial stage but may be considered in determining whether a person initially referred for trial before the Criminal Court is to be referred for trial before the Court of Magistrates is at a later stage.

The guidelines also distinguish between different roles an accused can play in the crime, if sufficient information is available. These distinctions are: leading role, significant role or a lesser role.

There are also aggravating factors listed.

The guidelines also state that less than 200g of cocaine and heroine and less than a kilogram of cannabis, it can be taken as indicative that a person should not be referred for trial before the Criminal Court.

The Court then took into consideration what emerged from the records of the case. The police had received a tip off about a drug deal between Debono and Keith Bezzina in Qormi. The police followed Debono, who was seen stopping outside Bezzina Auto Dealer before going back to driving. He then stopped in front of another showroom.

There he got out of the car and went to the showroom door. Some time later, Debono and Bezzina are seen walking together to the car. Debono got into the driver seat, while Bezzina leaned on the passenger’s window. Inside the vehicle, there was Kyle Pace as a passenger.

The police intervened.

Inside the vehicle they found a cushion containing cocaine of 40 percent purity with a street value ranging from €5,400 to €24,000. A Guess pouch containing €5,812.05 was also found. Bezzina was found in possession of an amount of cash.

Debono told the police that Bezzina gave him the cushion and told him to dispose of it, he denied knowing what it contained.

The Criminal Court stated that the cocaine was clearly intended for dealing, however, the amount was not much higher than the amount contained in the guidelines. It disagreed with Debono that it was of low purity. It noted that it was not the first time that people tried before the Court of Magistrates were found in possession of drugs exceeding the amount in the guidelines.

It cited a case in which a person was tried before the Court of Magistrates after being caught with 171.61g when the limit at the time stood at 100g.

The Criminal Court upheld the request noting that the Court of Magistrates can inflict a punishment which reflects the circumstances of the case if Debono is found guilty.

The Court of Magistrates can mete out punishment of up to 10 years in its extended competence while the Criminal Court can mete out a punishment of up to life.

Madam Justice Natasha Galea Sciberras presided over the Criminal Court.

Lawyers Franco Debono and Marion Camilleri appeared for the accused.