Two suspect drug traffickers, due to face trial over illicit substances found at their Sliema apartment 12 years ago, were jailed and fined after registering an admission.

Justin Zahra and Wayne Pisani, now aged 34, were meant to undergo trial by jury last Monday. Instead, both opted to register a guilty plea to trafficking cocaine as well as aggravated possession of cocaine, cannabis resin and ecstasy. 

Zahra was also accused of recidivism. 

The offences date back to November 13 of 2009, when the illicit substances were discovered at the Sliema apartment that the men shared. Back then it was reported that12 packets of cocaine, 100 ecstasy pills and a kilogram of cannabis in four blocks and 21 pieces were allegedly found at their residence. 

In light of their admission, which they confirmed after being duly granted time to reconsider, the Criminal Court, presided over by Mr Justice Giovanni Grixti, adjourned the case to Tuesday for judgment.

When delivering judgment on Tuesday morning, the Court observed that back in 2009, the right to legal assistance in the pre-trial stage was still non-existent under Maltese law. 

In light of subsequent case law, particularly that focusing on the more recent concept of the overall fairness of the proceedings, the Court pointed out that the charge of trafficking had stemmed directly from self-incriminating statements. 

'Aggravated possession'

The 7.59 grams of cocaine actually found in their possession at the time of the arrests, together with the rest of the drugs and the circumstances in which they were found, supported the charge of aggravated possession. 

But it was the suspects’ own statements to the police that led to the accusation of selling cocaine, observed the judge. 

In light of evidence put forward, the accused also stood to benefit from a two-degree diminution of punishment in terms of law, for having helped police identify the supplier of the drugs.

The court also took note of a social inquiry report drawn up in respect of Pisani.

In light of all considerations, Zahra, a recidivist, was condemned to a jail term of 3 years and six months and fined €3,000, while Pisani was handed a three-year jail term and a fine of €2,500.

Pisani was also placed under a one-year Treatment Order.

Each of the accused was to pay €2,140.98 in court expert expenses. 

The court finally ordered confiscation and destruction of the drugs.

Lawyer Kevin Valletta from the AG’s Office prosecuted.

Lawyers Veronique Dalli and Dean Hili were counsel to Zahra, while lawyer Kathleen Calleja Grima was counsel to Pisani.