Two men facing the prospects of a mandatory jail term over drug-related charges were handed a suspended sentence since the court was satisfied, in terms of recent legal amendments, that the offences were mainly attributable to their drug dependence.

Jason Abela, 47, and Denis Borg, 40, had been facing separate criminal proceedings over aggravated drug possession and trafficking with both cases stemming from events which had taken place several years ago.

Mr Abela had been arrested in 2002 after surveillance led to suspicion that he was trafficking heroin. Mr Borg had been arrested at the wheel of his car at Mrieħel in 2007, in possession of a pouch containing some €2,580 in cash and a transparent plastic bag with several sachets bearing a whitish powder, later certified as 25% pure cocaine.

Both men had confessed to a drug addiction at the time the events took place.

On the basis of all evidence, the court, presided over by magistrate Neville Camilleri, assigned both cases in 2015, concluded that the prosecution had proved its cases, declaring both accused guilty as charged.

However, when meting out punishment, the court took note of various factors such as the time since the offences took place, the fact that both accused had no other pending lawsuits as well as the favourable social inquiry reports in their regard.

“Jason has proved beyond any doubt that his drug addiction problem is way past him. It is now time for him to move forward and severe all lingering ties with his past, mainly through the court case and his attendance at Sedqa” had confirmed the Drug Offenders Rehabilitation Board.

As for Mr Borg, the board noted that the accused had “completed and graduated from the Caritas New Hope programme and kept attending aftercare sessions afterwards. At this point it is suggested that Mr Borg can be released from our services since he is fully rehabilitated within society and contributing wholly as a law abiding citizen.”

In the light of such recommendations and on the strength of the Drug Dependence (Treatment not Imprisonment) Act, the court concluded that there was enough evidence to show, on a balance of probabilities, that the offences had been mainly attributable to the accused’s drug dependence.

For this reason, the court could refrain from giving a mandatory prison sentence, handing down Mr Abela a 12-month jail term suspended for two years and a €500 fine, while condemning Mr Borg to a 16-month jail term suspended for three years and a €1000 fine.

Lawyer Joe Giglio, defence counsel to both men, hailed the decisions as "landmark judgments."

Police Inspectors Norbert Ciappara, Malcolm Bondin and Frank Anthony Tabone prosecuted.