Jean-Marc Dalli, the younger son of European Commissioner Helena Dalli, has been spared jail time for a drug conviction after an appeals court decided to mitigate his sentence. 

He was convicted of drug trafficking and sentenced to a three-month effective jail term in prison, eight years after the incident took place. 

Dalli had appealed the conviction handed down by the Magistrates’ Court over the incident which took place on the night of September 8, 2013. 

He had been partying with friends at the old prison in Corradino when police monitoring the event spotted the youth handing something over to a male friend from a bag that was in his hand.

Sensing police presence, the youth, later identified as Dalli, next handed the bag to a female friend as two officers approached.

That bag contained three pills that were later confirmed to be ecstasy.

Six more pills were then discovered in the male friend’s pocket.

When arrested, Dalli told police that he had sourced the drug for his friend who wanted to consume it at the party.

He reaffirmed that version before the inquiring magistrate saying that he had paid €60 for the pills and recovered the money from his friend.

It was clear that Dalli made no profit from the deal, observed Madam Justice Edwina Grima who presided over the appeal.

Although the court agreed with the first court that the prosecution should have produced other witnesses, including the policeman involved in the arrest as well as Dalli’s two friends, the evidence was sufficient to confirm the conviction.

However, the court upheld the defence’s argument that Dalli deserved to benefit from a legal amendment introduced in 2021 which provided for a mitigation of punishment.

The Attorney General agreed too.

And after examining the evidence the court concluded that the facts of the case fell within the parameters of that provision of law.

The court also took note of a social inquiry report which said that Dalli had a stable life and a job with considerable responsibilities. It also found that he does not have any addiction issues and has since become a father. 

The probation officer recommended that he ought to continue pursuing this stable life.

In light of all considerations, the court varied the punishment by suspending the three-month jail term for one year and a fine of €650.

Lawyers Franco Debono and Stephen Tonna Lowell were defence counsel at appeals stage.

AG lawyer Etienne Savona prosecuted.