'I do not remember anything', former police constable testifies in drug case

A former police constable who had been stationed at the Drug Squad at the time three men suspected of drug trafficking were arrested told a court that she could not remember details related to the case as she had suffered a loss of memory.

Carmen Gauci, who was summoned to testify on Tuesday afternoon on the second day of the trial by jury of three men allegedly involved in a drug trafficking conspiracy, said she had quit the police force but could not recall exactly when.

“I can’t remember exactly when,” the woman told the court, who added that she could not even recall the inspector who was on the case. Gauci explained that she had suffered a memory loss due to an undisclosed "personal circumstance".

Rio Micallef from Marsa, David Tabone from Naxxar, and Darren James Vella from Birkirkara stand accused of multiple counts of drug trafficking. They are pleading not guilty.

Prosecutor Danika Vella asked Gauci whether she recalls testifying before the Court of Magistrates, to which she replied: “if that is what the transcript [of her testimony] says then that’s what I said.”

The witness was asked to leave the courtroom. The jurors then left as the prosecution and defence raised a point of law.

The prosecution wanted to read out the transcript of the witness’ testimony to the former constable, to which the prosecution objected. After a long-drawn argument, the court ruled that the testimony would not be read out in court.

Madam Justice Edwina Grima ruled that Gauci should only testify from memory and decided that no part of the testimony should be read out. The court held that the prosecution was fully aware of the witness's health issues and had not filed a request to ask for her testimony to be read out to the jurors.

Moreover, the prosecution did not show that by testifying she would suffer further psychological harm.

Prosecutor Godwin Cini expressed his disappointment at the ruling, observing that the witness was “crucial” for the prosecution, questioning whether they were “precluded” for controlling the witness.

Observing that the correct certificates should have presented before the jury began, the Criminal Court said: “whatever she remembers, she will testify on. I’ve already ruled on this matter.”

The witness and the jurors were called back into the courtroom.

“I do not remember anything. I worked with several inspectors," Gauci said.

As the jurors were shown a set of photographs, the witness was asked if she could recognise anyone in the photographs. She did not recognise herself in the photos.

She was also shown the black bag which Tabone had been carrying at the time of the arrest.

“I don’t recall anything,” she said.

“Can you recognise anyone in the courtroom?” Madam Justice Edwina Grima asked.

“I can’t even recognise the lawyers,” the woman said.

The woman then stepped off.

Court-appointed expert Godwin Sammut took the stand. He explained that there was a total of 1,940 ecstasy pills in which the concentration of the chemical compound varied. He also explained that according to the reports used at the time, each pill was worth €9.60.

Other witnesses in the afternoon session included two women who worked with HSBC and Vodafone respectively and had presented reports during the criminal proceedings before the Court of Magistrates.

Prosecutor Danika Vella read out the testimony of an architect appointed by the court to draw up the plan of the area where the arrests took place since the witness underwent a surgical intervention and could not testify in person on Tuesday. 

Madam Justice Edwina Grima is presiding the trial. Lawyers Kevin Valletta, Godwin Cini and Danica Vella are prosecuting on behalf of the Attorney General’s Office.

Lawyers Arthur Azzopardi and Jacob Magri appeared for David Tabone. Lawyers José Herrera and Alex Scerri Herrera are assisting Rio Micallef. Lawyer Matthew Xuereb assisted Darren James Vella on Tuesday as lawyer Michael Sciriha could not be present.