A man who imported heroin and cocaine in 2007 has been spared a year in jail after a drug court heard how he was making remarkable progress to kick the habit.
Mr Justice Neville Camilleri, presiding over the court of criminal appeal, heard how 38-year-old Clifford Bonnici, from Birkirkara, was attending drug rehabilitation sessions with Caritas and his urine samples were found to be drug-free.
Bonnici had been sentenced for a year and fined €1,000 after he was found guilty of importing heroin and possession of the drug found in a state denoting it was not for his personal use. The court heard how Bonnici was stopped upon his arrival in Malta on the catamaran from Sicily. A piece of foil with a substance was found in the pack of cigarettes he was carrying. The customs officers asked him to open his mouth and they noticed there was some substance under his tongue.
He was arrested and, in his statement, he chose not to answer any of the questions put to him. He was taken to hospital where scans of the abdominal tract yielded no results.
Inside the foil, experts found 0.127 grams of cocaine while inside a packet of cigarettes were 7.918 grams of heroin.
The appeals court upheld a request for the court to be converted into a drugs court to hear about the defendant’s progress.
Representatives from Caritas testified that Bonnici had attended all his appointments and was following the care plan. All urine samples tested negative for drugs.
In view of his progress, Mr Justice Camilleri converted the effective jail term into two-year probation, so that he will continue to be followed by professionals. It, however, found no reason to waive the fine.
Lawyers Franco Debono and Francesca Zarb were defence counsel.