A man who was sentenced to seven months' imprisonment for cannabis trafficking and possession has had his sentence quashed on appeal.

Elton Cutajar was convicted on March 3, 2023 of aggravated cannabis possession. He was also ordered to pay a €900 fine.

Defence lawyers Franco Debono and Alfred Abela successfully argued during appeal proceedings that there were several shortcomings in the way the evidence was handled.  

Cutajar was arrested on February 19, 2013 when he was allegedly found in possession of cannabis while with another person in Għargħur.   

The vehicle was searched by two constables - Alex Mifsud and John Paul Vella - who testified in the proceedings. They said they found a packet of cigarettes containing eight pieces of brownish colour sticks, believed to be cannabis resin, and 16 small sachets of cannabis grass. They also found seven empty plastic sachets, a small grinder, as well as another joint.

Mifsud told the court that the cannabis was handed over to a sergeant by the other constable, however, Vella failed to confirm on oath that he actually did as much.

Another issue which was raised at the appeal was that the drugs and other items which were found in a bag in the car ended up in the office of police inspector Josric Mifsud. It was not clear who had actually handed them over.

The defence also raised points on the analysis carried out by the court-appointed expert, Godwin Sammut. 

In his report, Sammut said the evidence was taken from the records of a magisterial inquiry relating to a drug find in a Ford vehicle in Għagħur. However, the court had been told that the drugs were seized from a Volkswagen.

The lawyers argued that the drugs analysed by Sammut were not the same drugs allegedly found in the Volkswagen car belonging to the appellant.

The court held that it was important to analyse how the alleged drugs ended up in Mifsud’s office. A constable had testified that it had been seized and taken to Naxxar police station. But the second constable only testified about the men’s arrests and taking them to Naxxar, while Mifsud informed the Anti-Drug Squad.

The court observed that if Constable John Paul Vella had seized the drugs, then he had to confirm this under oath, explaining who had access to Mifsud’s office. It added that Constable Alex Mifsud’s testimony was insufficient in this case.

It was also observed that Sergeant Stephen Micallef had said that the two constables seized the drugs, however, Vella did not testify about this while Mifsud said it was Vella who seized the drugs.

On the analysis of the drugs, the court observed that it was “inexplicable” how the expert reported that the drugs were found in a Ford vehicle when all the officers testified about a Volkswagen.

The court held it could not assume this was just a simple mistake, and any doubts should favour the accused. “It results that there are serious shortcomings relating to the chain of custody,” the court said, as it upheld the argument raised by the defence.

The expert’s report was put aside and not considered as part of the evidence, with the court observing that nowhere in the proceedings did it emerge that Cutajar was in possession of illicit substances.

The appeal was therefore upheld and the court acquitted Cutajar of all the charges brought against him. 

Madam Justice Consuelo Scerri Herrera presided over the Court of Criminal Appeal.

Lawyers Franco Debono and Alfred Abela appeared for the accused.