Drug trafficking jury to go ahead as planned, constitutional court decides

A constitutional court has rejected an application by three men who are currently being tried by a jury, that their right to a fair hearing was breached when the Criminal Court ruled the jury would go ahead as planned. 

Rio Micallef from Marsa, Naxxar resident David Tabone and Darren James Vella from Birkirkara filed three separate applications claiming a breach of their right to a fair hearing after the Criminal Court rejected a request by two of them to be tried without a jury.

The men are currently being tried by a jury for allegedly conspiring to traffic 1,940 ecstasy pills in 2008.

They are pleading not guilty. 

Three days before the jury, each accused filed a separate human rights breach claim before the First Hall of the Civil Court in its constitutional jurisdiction. 

The issue arose after a legal amendment on March 17 allowed individuals accused of offences under the Dangerous Drugs Ordinance and Medical and Kindred Professions Ordinance to choose whether to be tried in a jury with or without jurors.

Once the Act was published, Tabone and Vella immediately filed a note before the Criminal Court saying they wanted to be tried by a judge.

While Micallef did not follow suit, during a sitting held on March 20 before the Criminal Court, his defence said their client wanted to be tried by a jury.

The prosecution wanted the three defence teams to make a declaration that they would not raise the plea of nullity if Micallef was to be tried by a jury, while Tabone and Vella would be tried before a judge. 

However, the defence stopped short of making such a declaration.

The Criminal Court eventually ruled that since the accused had known that they would go on trial since December 16, 2024, it could not uphold Vella and Tabone’s requests. 

So the three claimed a breach of rights in front of the constitutional court.

On Thursday morning, Mr Justice Mark Simiana rejected the fair trial breach claims. 

The parties have been given until Tuesday to lodge an appeal.

The statutory period has been shortened due to the ongoing trial. 

Lawyers Julian Farrugia, Maurizio Cordina, and Carina Bugeja Testa represented the State Advocate.

Butterfly Bar. Photo: Chris Sant Fournier

Crime scene visit 

The trial by jury entered its fourth day on Thursday. 

Among those who testified was a police constable who had been following David Tabone through Valley Road in Birkirkara, all the way to Butterfly Bar and had assisted in Micallef’s arrest. 

Court-appointed expert Martin Bajada also testified.

He had analysed four phones - two of which belonged to Micallef - and their call profiles obtained from the service providers.

At around 5pm, the jurors, together with Madam Justice Edwina Grima, the prosecution, the defence lawyers and the accused, went to Birkirkara to see where Tabone had been spotted, where he had picked up Vella and where the drug deal was meant to happen in Old Church Street.

Lawyers Godwin Cini, Danika Vella and Kevin Valletta prosecuted.

Lawyers Arthur Azzopardi and Jacob Magri appeared for David Tabone.

Lawyers José Herrera and Alex Scerri Herrera assisted Rio Micallef.

Lawyers Matthew Xuereb and Michael Sciriha assisted Darren James Vella.

Madam Justice Edwina Grima is presiding over the trial.

Third person from left: Lawyers José Herrera, Jacob Magri, Arthur Azzopardi and Alex Scerri Herrera. Photo: Chris Sant Fournier