Court told how drugs were found in painting

An Egyptian man explained to the police how he was instructed to come to Malta to obtain three visas for entry into Italy and to deliver a painting but he was unaware that drugs were hidden inside it, a court heard yesterday.

"(Ali Abd El Moaty Mahmoud) El Madbouly said an Egyptian man who lived in Morocco gave him three Moroccan passports and instructed him to give them to the person who runs a particular guest house when he arrived in Malta," Police Inspector Norbert Ciappara said.

"The latter was to make arrangements to issue a visa for Italy on each of the three passports. El Madbouly was promised $500 for each visa he managed to obtain and a visa for Italy for himself.

"He said that the night before he arrived in Malta the Egyptian man went to his house, gave him the painting and asked him to give it to the person who was to obtain the visas."

Inspector Ciappara testified before Magistrate Miriam Hayman in the compilation of evidence against El Madbouly, 42, who is pleading not guilty to drug importation and conspiracy.

He is also charged with the possession of about 1.5 kilogrammes of cannabis resin in circumstances denoting it was not for his personal use and the possession of three passports on and before August 22.

Inspector Ciappara said that on August 26 he was informed that an Egyptian man was being detained at the airport. When he arrived there he was led to a room where he met Assistant Commissioner Andrew Seychell and the accused.

In the room was a painting lying face down on a table. The inspector looked through a small opening made in the back of the frame and saw a packet wrapped in tape which seemed to contain a hard substance.

Eventually the frame was opened and 10 packets were found hidden inside it. Forensic tests showed the packets contained cannabis resin.

Inspector Ciappara questioned El Madbouly the following day. The latter said he did not know about the drugs and was just as surprised to learn about them.

The officer said that when the accused was arrested he was also carrying a letter written in French. The letter-head and the letter's contents indicted he was in Malta on business.

When the police investigated the origins of the letter-head they learnt that a Maltese man, whose surname was Caruana, and an Egyptian man had planned to set up an import-export company but the company was never formed or registered.

Earlier, Assistant Commissioner Andrew Seychell said that on August 26 he was informed that an Egyptian man was being held at the airport's lock-up. He looked into the case and learnt that the man had come to Malta from Morocco on August 22 but was detained on arrival.

He was also told that the man had brought a painting with him and that it was suspected that drugs were hidden in its frame. The painting was of an old man wearing a turban.

The assistant commissioner eventually accompanied El Madbouly to a safe were the painting was being kept. He immediately became suspicious because although the painting looked old the nails looked new. He tried to open it but it was sealed.

The painting was placed near a sniffer dog but the animal did not react. The police also tried to pass the painting through the airport's scanner but it was too large and a larger scanning device had to be brought over in a van.

Police Sergeant David Ohayon explained that he was stationed at the airport and that on August 22 the accused arrived from Casablanca at 5.15 a.m.

The accused's ticket showed he was planning to fly back to Casablanca 15 days later but his passport had two visas for Casablanca that had already been used.

Because of this and because he only had $400 in cash, El Madbouly was refused entry into Malta. PS Ohayon told him to collect his luggage. The accused was also informed that the painting he had been carrying was held at Customs and he was given a receipt for it. The painting was estimated to cost $600, the officer said.

In the meantime arrangements were made for El Madbouly and another man detained at the airport to be sent back to Morocco, via Tunisia, the following day. But he eventually learnt that whereas the other man had been sent back the accused was detained.

The case continues.

Police Inspector Ciappara is prosecuting.

Dr Richard Sladden was appointed legal aid to the defendant.