Court reduces punishment in drug case

A 22-year-old man who had been jailed for six months had the sentence changed to a fine on appeal after a judge found him guilty of being in possession of ecstasy but without the intention to traffic.

Ninian Mangion was last November found guilty of possessing 13 ecstasy pills in circumstances denoting they were not for his exclusive use.

Magistrate Lawrence Quintano had heard how the police had caught Mr Mangion in Paceville on October 2, 2005 at about 1 a.m. and found him in possession of 13 ecstasy pills and a piece of cannabis resin together with about €260 in cash.

Mr Mangion admitted to officers that the pills were his and that he intended to use them.

Taking the witness stand during the compilation of evidence, Police Sergeant Jesmond Cremona said he had seen the accused talking to some people his age and then spotted him going to the toilet with another man, Bernard Meilaq.

When questioned, Mr Meilaq said he had bought six pills from the accused.

Hearing the appeal, Mr Justice Joseph Galea Debono said he could not understand why such an important witness as Mr Meilaq was not brought to testify before him.

He said the fact that the accused was carrying 13 pills was not necessarily indicative of him wanting to sell the drugs. After taking into consideration all the circumstances of the case, the court still had doubts and this should favour the accused.

He found Mr Mangion guilty of simple possession of the ecstasy pills without the intent to traffic and so changed the six month jail term and €468 fine to a €2,090 fine.