A former heavy drug user was on Thursday spared imprisonment over 11 grams of cocaine found in his possession 12 years ago, after a court of appeal concluded that the drug was for personal use and he had since turned his life around.

The case dated back to January 2012 when police searched the Luqa Boċċi Club. Several persons were arrested after being found in possession of drugs.

One of them was the appellant who was standing near the billiards table when police raided the premises.

The man, now a 59-year old grandad, was at the time a heavy user of cocaine.

In his trousers pocket police found three sachets and a larger bag containing a white substance, as well as some €100 in cash.

The substance was later certified as 11.39 grams of cocaine with 33% purity.

Some plastic snippets bearing drug traces were also found in the club toilets.

The man was subsequently charged with procuring cocaine, possessing the drug under circumstances denoting that it was not exclusively for personal use, trafficking cannabis resin and allegedly committing these offences within 100 metres of a place frequented by youths.

In 2021, he was found guilty of aggravated possession of cocaine and was cleared of the other charges. He was condemned to a 6-month effective jail term and a €1,000 fine.

His lawyer filed an appeal arguing that the first court wrongly concluded that the drug found in the appellant’s possession was not for his own use since it was a substantial amount and it surely could not be consumed at one go.

The first court focused on the amount of the drug. But defence lawyer Edward Gatt pointed out that although the appellant was arrested at a place which at the time was associated with drug activity, he was actually there “as a client.”

And as a heavy user, he had just sourced his drug supply.

Twelve years down the line, the man had since kicked his drug addiction, had a stable family life as a grandad and also managed a successful business “far out of reach of the dark world he lived in back then.”

When delivering judgment the Court of Criminal Appeal, presided over by Madam Justice Consuelo Scerri Herrera, observed that the accused had been placed under the supervision of a probation officer in 2015.

That officer testified that the appellant always kept his appointments, attended sessions at Caritas, tested clean of drugs between 2015 and 2018 and had regained stability in life.

His psychiatrist also testified.

He explained how the appellant’s life took a negative turn when his 20-year marriage broke down in 2007.

That “very traumatic” event led the man to turn to bad company and that was when he was introduced to drugs. When he landed in jail in 2009 after being arrested over a fight, he tested positive to drugs.

But after being prescribed medication, his condition improved, said the psychiatrist.

The court observed that in such cases, all circumstances had to be considered.

Although the amount of drugs was indicative, that was not the sole factor to determine whether the drug was for personal use.

Citing extensive caselaw on the subject, the judge concluded that it was evident that back in 2012, the appellant was facing a “turbulent patch” in life, abusing cocaine regularly and upping the dose at weekends.

The drug found in his possession was the same substance he was addicted to. The prosecution did not prove that the plastic snippets found in the toilets were somehow linked to the appellant.

The court thus revoked the judgment, declaring the appellant guilty only of simple possession and placing him under a three-year probation order.

He was also to carry out 100 hours of community service and pay court expert expenses.

The court ordered the destruction of the drug.

Lawyer Edward Gatt was defence counsel.