Four years jail for drug trafficking

A 24-year-old man was yesterday jailed for four years and fined Lm1,000 for trafficking in 8.535 grammes of heroin after a judge noted he was a victim of the drug at the time of the commission of the crime and had successfully completed a rehabilitation programme since.

At the beginning of what would have been a trial by jury, Diego Borg of Qormi pleaded guilty to trafficking in heroin in 1999.

The prosecution claimed that some time in mid-1999 the police had reason to believe that drugs were being sold in the vicinity of two garages situated in an Ghaxaq road.

The police kept a close look on the area and noticed Borg hide an object that looked like a pipe amid stones in the area. They also spotted Borg sell drugs to a man and filmed the events.

When the police eventually searched the area they found several plastic bags containing heroin hidden in the pipe-like object. A search at Borg's house yielded other bags of heroin and the police seized Lm266 in cash from Borg.

The police later learnt that Borg himself abused heroin which he bought from a third party.

Mr Justice Joseph Galea Debono, who presided over the case, noted that the Attorney General declared that in view of the agreement reached between the defence and the prosecution, in line with article 453A of the Criminal Code, Borg's punishment was not to exceed a four-year jail term and a Lm1,000 fine. This applied exclusively if Borg filed a guilty plea.

The Attorney General had made the declaration after noting that Borg had changed his ways, as was reflected by his criminal record, and that when the crime was committed he was passing through turbulent times over which he had little control and was willing to disclose the identity of his supplier.

On handing down judgment, Mr Justice Galea Debono noted that Borg had filed a guilty plea at an early stage of the proceeding, was only 20 years old at the time of the commission of the crime and had disclosed the identity of his supplier.

He also noted that the amount of heroin involved was relatively small, that Borg only had a minor conviction on his criminal record that dated prior to mid-1999 and that he was a victim of drugs at the time and had successfully completed a rehabilitation programme.

Earlier, before handing down judgment, the judge told Borg he had no alternative but to abide by the punishment prescribed by law and order his imprisonment.

He advised Borg to keep up the progress he had made and not allow anyone to tempt him into relapsing while serving time. The judge recommended Borg to keep his weekly meetings with a Sedqa worker in order to continue and consolidate the progress he had made.

Seniour Counsel to the Republic Mark Said prosecuted with the assistance of Superintendent Neil Harrison.

Dr Giannella Caruana Curran appeared for Borg.