A second attempt by the police to secure a conviction for a man caught with nearly 60 ecstasy pills outside a party venue in 2013 has hit a brick wall after a magistrate ruled that he could not be charged twice for the same offence.

The saga over the drug find began in 2013 when Andre Falzon, then a 22-year-old, was found in possession of 57 ecstasy pills during a party in Corradino. He was arraigned in September 2013 and following advice from his legal aid lawyer, admitted all charges.

He was sentenced to three years in jail plus a €1,000 fine.

A week into his prison term, his father sought the help of a new team of lawyers who spotted a mistake in the charge sheet. They went on to file an appeal arguing that he was charged with committing a crime on the night between August and 8 and 9, 2013, a month before the party was held.

He was released pending the appeal.

In November 2016, the Appeals Court, presided over by Madam Justice Edwina Grima noted that the man’s guilty plea conflicted with the evidence and hence his admission was related to facts which he had not committed, “at least” not on the date indicated on the charge sheet.

The court cleared the man of the charges due to the procedural shortcoming as well because the conviction reflected facts which were not corroborated, despite the admission.

Unhappy with this ending, the police proceeded to correct their mistake and charge the man again, making some minor changes to the charges.

But the man’s defence lawyers Franco Debono, Marion Camilleri and Amadeus Cachia immediately claimed double jeopardy. According to the EU Charter of Fundamental Rights, no one can be tried or punished twice for an offence for which he or she had already been acquitted or convicted.

After lengthy proceedings, Magistrate Natasha Galea Sciberras this week threw out the case, upholding the defence’s argument. The attorney general defended the decision to arraign the man again, arguing that the charges and the date of the offence were different to those of the first case.

But the court rubbished this argument, insisting that the facts of the case remained the same as those when he was allegedly caught with ecstasy pills outside a party venue.

The 2013 party is the same one where the younger son of European Commissioner Helena Dalli, Jean-Marc, was caught in possession of six ecstasy pills he had purchased for someone else.