Superintendent recalls 'trustworthy' tipoff that led to drug arrests

Updated: 3.40pm

A court heard on Tuesday how a “trustworthy” source tipped off the police about a possible drug deal back in 2008, leading to the subsequent arrest of three suspects.

Details were given by Superintendent Johan Fenech during the second day of the trial by jury of three men allegedly involved in a drug trafficking conspiracy.

Rio Micallef from Marsa, David Tabone from Naxxar, and Darren James Vella from Birkirkara stand accused of multiple counts of drug trafficking. They are pleading not guilty.

Fenech, who at the time was an inspector at the Drug Squad, testified that sometime in August 2008 the police received reliable information from a “trustworthy” source that David Tabone known as “iż-Żambi” who had a white Toyota Passat, was trafficking ecstasy in “huge” amounts.

The source also provided the police with Tabone’s mobile number.

Tabone was placed under police surveillance.

A breakthrough came on 15 September 2008 when Tabone was spotted driving through Valley Road, Birkirkara. He stopped to pick up Vella and they drove off to Old Church Street. 

Tabone double parked his car and the pair got out and walked towards a Volkswagen Golf, from which Rio Micallef emerged. The trio started talking, with Fenech recalling that police suspected that they were going to deal drugs there and then on the road.

The officers moved in.

Sensing the police presence, Micallef crouched behind the van before trying to flee the scene. Micallef was arrested some further meters down the road, Tabone was arrested as he walked back to his car while Vella was stopped some meters away.

During a search, the police found Tabone in possession of a black bag containing €9,300 in cash and a set of electronic weighing scales bearing drug traces. The police found €395 in cash in Micallef’s car.

The officers retrieved a plastic bag from between a van and the pavement where Micallef had been standing while speaking to Vella and Tabone. There were two other smaller plastic bags containing white pills

Officers also found a small key which they linked to a garage in the area. However, they found nothing illegal inside.

The men were taken to the police headquarters where they were interrogated.

Fenech explained that on their phones the trio had exchanged SMSs in which they were speaking in code about drug deals. “

We managed to piece the puzzle together,” Fenech recalled.

“Who did the key belong to?”

Defence lawyer Alex Scerri Herrera, who is assisting Rio Micallef, then cross-examined Superintendent Fenech.

The witness told the court that the men had claimed they were unemployed at the time of the arrest, with the defence lawyer suggesting that Micallef owned a snack bar two blocks away from where they were arrested.

Asked about the two mobile phones taken away from Micallef, Scerri Herrera suggested that the accused had a phone on him and another in the car. The superintendent could not confirm whether it was so. He was then pressed about the messages allegedly found on the phones, with Fenech explaining that the phone was opened there and then and he took notes for his investigation.

Scerri Herrera suggested that there were no messages on Micallef’s phone, with Fenech replying “no I think you are wrong”.

The line of questioning changed with the defence asking about the key found underneath the parked van. Fenech said he did not take the details of the driver and did not know its registration plates, since the person was not of interest to the investigation.

Madam Justice Edwina Grima then asked the jurors to leave the courtroom as the prosecution and defence wanted to raise a point of law.

“If Micallef’s defence team wants to establish who owns the key in question then we will have to refer to what emerged during the investigation,” prosecutor Godwin Cini told the Criminal Court, referring to the fact that the statements of the accused had been expunged from the records of the case since they were not assisted by a lawyer during their interrogation.

“We will have to refer to their statements to the police, something which we cannot do because they have been declared as inadmissible evidence,” Cini said.

The court warned the defence that this line of questioning may prejudice their clients.

“The statements were expunged,” Madam Justice Edwina Grima said.

“If it is established that the key does not belong to Micallef then the trial is over for us,” Herrera said, adding that he wanted this fact to come to light even at the expense of having to make reference to the statements.

The court suspended the sitting briefly for the defence lawyers to consult with their clients.

After a short break, Scerri Herrera resumed with his cross-examination.

Fenech confirmed that it was another police officer who found the key and that nothing of interest was found inside the garage. The police did not carry out any DNA or fingerprint analysis on the key.

Asked why the trio were arraigned in November 2008, Fenech said that at the time he wanted to be “100 per cent sure” he had a case against them.

Defence lawyer Matthew Xuereb took over from Scerri Herrera and asked Fenech whether the tipoff the police had received was about his client, Darren James Vella. The superintendent said the tipoff was about Tabone not Vella.

Replying to questions on the SMSs exchanged between Tabone and Vella, Fenech said he had seen them and that there were also some three - four calls between the pair. He also clarified that there were no messages between Micallef and Vella.

Three jurors opted to ask the witness questions. Two of the jurors asked the witness about the key, however, Madam Justice Edwina Grima intervened saying these questions could not be asked since the explanation was part of the evidence which had been declared as inadmissible.

Court-appointed expert Anthony Cutajar testified on Tuesday telling the Criminal Court that he had be tasked with drawing up an inventory of the assets of the accused. He found no money nor assets to their name.

Madam Justice Edwina Grima is presiding the trial. Lawyers Kevin Valletta, Godwin Cini and Danica Vella are prosecuting on behalf of the Attorney General’s Office.

Lawyers Arthur Azzopardi and Jacob Magri appeared for David Tabone. Lawyers José Herrera and Alex Scerri Herrera are assisting Rio Micallef. Lawyer Matthew Xuereb assisted Darren James Vella on Tuesday as lawyer Michael Sciriha could not be present.

Court to decide on rights breach on Thursday

While the Criminal Court stopped for lunch, the defence teams and the accused went before the First Hall of the Civil Court in its constitutional jurisdiction to make their final submissions.

The accused turned plaintiffs filed constitutional proceedings in which they are claiming that their right to a fair hearing is being breached after the Criminal Court rejected Vella and Tabone’s request to stand trial without jurors.

In their finals submissions, lawyers Magri and Xuereb argued that their clients were being accused of a “highly” technical crime and a judge would be in a better position to decide the case than a panel of jurors.

Lawyer Maurizio Cordina appearing on behalf of the State Advocate argued that the legal amendments introduced on March 17 did not apply to the plaintiffs.

“The jury date was set on December 16. They knew what the charges were and the respective punishment associated with each offence,” Cordina said, adding that the legal notice did not include any transitory provisions to cater for specific situations such as that of the accused.

The case was adjourned to Thursday morning when Mr Justice Mark Simiana will rule on the matter.

Lawyers Julian Farrugia, Maurizio Cordina and Carina Bugeja Testa appeared on behalf of the State Advocate's office.