The trial by jury of three men allegedly involved in a drug trafficking conspiracy 16 years ago was dissolved shortly after it got underway on Monday after a man who was selected to serve as a reserve juror was seen seated in the courtroom’s public gallery while the parties were thrashing out legal arguments prior to the actual start of testimony.

The juror, when later questioned by the judge’s deputy registrar, claimed that he was oblivious to the legal arguments being discussed since he was engrossed in a video game on his mobile phone.

The judge had earlier directed any member of the public who could subsequently be selected to serve as juror to leave the courtroom.

But that order appeared to have gone over the potential juror’s head. He stayed in his seat while legal arguments concerning amendments to the bill of indictment were discussed. Those arguments related to police statements released by one of the accused. Those statements are to be removed from the bill of indictment because they were previously declared inadmissible in evidence by the Court of Criminal Appeal.

When the man was noticed, the defence teams strongly objected to the continuation of the trial, even though that stray juror was a supplementary member of the panel.

Defence lawyer Franco Debono argued that since the panel was a single entity, the whole panel was “tainted.”

Defence lawyer Arthur Azzopardi argued further that the situation would not be remedied by selecting another juror from the same pool of potential jurors summoned on Monday. Those not chosen to serve today would have likely read about the trial in the interim period after being dismissed.

Defence lawyer Michael Sciriha added that no efforts by the court could now salvage the trial. 

Madam Justice Edwina Grima subsequently upheld the defence’s arguments, discharged the jurors and dissolved the trial, postponing it to a later date.

The three co-accused, Rio Micallef, 41, David Tabone, 40 and Darren James Vella, 34, were friends who at the time of the allegations frequented the usual haunts in Birkirkara. One of them ran a snack bar in the area.

The prosecution alleges that the trio’s plan was for one of the suspects to procure ecstasy pills which would subsequently be sold by his alleged partners.

Another of the accused was to provide the funds for the drugs.

Officers from the drug squad closely monitored the three suspects’ movements before arresting them on September 15, 2008.

Police had watched as Tabone left his home and drove towards McDonald’s Birkirkara outlet, where Vella joined him. They then met Micallef, who ran a snack bar near Fleur-de-Lys. 

Micallef exited his shop, got into his car and drove in the direction of Old Church Street, followed closely by the other two men.

Parking their cars at a distance from each other, two of the suspects approached the entrance to a garage. One of them, Tabone, allegedly carried a black bag. 

Sensing the police presence, Micallef suddenly crouched low and allegedly threw a white bag under a parked van and fled, but the police apprehended him and the others.  

Police officers found the white bag under the van. It yielded two plastic bags containing 1940 ecstasy pills. Their estimated market value was €18,624.

The officers also seized the black bag containing €9330 in cash and a set of electronic weighing scales bearing drug traces.

Police statements released by the accused were later declared inadmissible in evidence against them since the suspects were not legally assisted at the time.

AG lawyers Kevin Valletta, Godwin Cini and Danica Vella were prosecuting.

Lawyers Franco Debono, Jose Herrera and Alex Scerri Herrera were assisting one of the accused.

Lawyers Arthur Azzopardi and Jacob Magri were assisting the second accused.

Lawyers Michael Sciriha and Matthew Xuereb were counsel to the third accused.