Probation for heroin possession

An Msida man was yesterday placed under probation for two years for heroin possession but was cleared of trafficking the drug.

Mark Allison, 25, was found guilty of possessing 0.131 grammes of heroin within 100 metres from St Luke's Hospital detox centre on August 17, 1999, and three years before.

Magistrate Noel Cuschieri heard how on August 17, 1999, the police were informed that Allison was selling drugs in the vicinity of the detox centre. When officers inspected the area, they saw Allison close to a telephone booth and arrested him.

They searched him and found a yellow container with 0.131 grammes of heroin in it.

The magistrate also heard Allison admit that the heroin belonged to him and that he had bought the yellow container from an Arab man. He also said he was dependent on drugs and that he had been abusing drugs for the past seven years.

Allison said there had been occasions in which friends had approached him and asked him for drugs. He admitted giving them drugs in exchange for money.

The magistrate noted that Allison's evidence came across to be very honest. In fact, he admitted giving drugs in exchange for money in the past. However, the magistrate noted, Allison had not indicated when he had sold the drugs and, therefore, it could have been at any point during the seven-year period in which he abused drugs.

It was not sufficiently proven that Allison sold the drugs during the incriminating period indicated in the charge, that is, on August 17, 1999, and three years before. Thus, the accused could not be found guilty of heroin trafficking.

After hearing a social worker testify that Allison had "changed radically", Magistrate Cuschieri ruled that the accused should be placed under the care of a probation officer. This would ensure that Allison would be given all the help needed to continue making progress.

Inspector Sandro Gatt prosecuted.

Dr José Herrera and Dr Joseph Giglio appeared for Allison.