AFM cannabis heist: one suspect denied bail, court still to decide on other five

Updated 3.55pm

Liam Stewart, one of six individuals charged over last month's drug heist from an AFM barracks, was denied bail on Monday as a magistrate ruled that there was enough evidence for the 23-year-old to stand trial.

Stewart is pleading not guilty to having handled cannabis resin which was stolen from the barracks, where it was being stored as court evidence.

While six individuals have been arraigned over the case, Stewart is separately accused of handling some of the stolen cannabis resin, trafficking cannabis and cocaine, as well as being in possession of the drugs not for personal use. He is also being charged with trafficking drugs within 100m of where youths habitually meet, and handling stolen goods.

In previous sittings, it had emerged that the police had been tipped off that Stewart was in possession of stolen cannabis resin. He was arrested in Ħamrun after crashing into a van while trying to flee upon realising that the police were on site.

At his residence, police found cannabis buds, cocaine, and drug paraphernalia indicating possible trafficking, as well as two blocks of cannabis resin which were similar to those stolen from the barracks. Stewart had led the officers to a lift’s engine room at his apartment block, where three blocks of cannabis resin were hidden.  

Knuckledusters, cocaine and cannabis grass inside Stewart’s car

On Monday, a police constable testified that on the day of Stewart’s arrest he was monitoring the suspect from the moment he left his house in Pietà and was present when the man was arrested.

Stewart, who had his driving licence revoked in 2024, was arrested in Ħamrun after he crashed the Toyota Vitz he had been driving into a van.

Inside the car, the police found cannabis grass, a mobile phone and cash.

The witness was also present for a search at a Xagħjra apartment which was used by Stewart and his girlfriend. There, the police found a Rolex watch, two sachets of cannabis grass, a gold ring and a necklace.

The court denied Stewart bail, ruling that he had a case to answer for.

The case will continue on 28 April at 10am.

Magistrate Elaine Rizzo presided over the court.

Prosecutor Maria Francesca Spiteri together with inspectors Alfredo Mangion and Jeffrey Scicluna Briffa prosecuted.

Lawyers Franco Debono and Adreana Zammit assisted Stewart.

Court to rule on quintet’s bail request

Separately, a court is set to decide whether five others who were allegedly involved in the cannabis heist would be granted bail after it ruled that there was enough evidence for them to stand trial.

Criminal proceedings against Pace brothers, Carlos (23) and Cleaven (19), Sean Attard (30), Yousef Essesi (33) and Christa Gauci (21) resumed on Monday afternoon.

The quintet are accused of stealing 132 blocks of cannabis resin as well as drug trafficking and aggravated possession of cannabis. They were also charged with criminal association.

All except for Gauci are also accused of relapsing.

In addition to these charges, Carlos Pace was also accused of committing a crime during the operative period of a suspended sentence handed down on March 2, 2023, and a conditional discharge granted on April 9, 2024.

They are pleading not guilty.

Defence lawyers representing Cleaven Pace and Christa Gauci, who were allegedly waiting in a separate car at the roundabout while two of their co-accused broke into the barracks, contested that there was enough evidence for the pair to stand trial.

However, the court, presided over by Magistrate Elaine Rizzo, ruled that there was enough evidence for all of them to face trial in connection with the theft of the cannabis resin from a container that was being kept at Safi barracks.

On Monday, the prosecution and defence made their submissions on bail.

The defence argued that all civilian witnesses in the case had testified, while the prosecution objected since some of the stolen cannabis had not yet been retrieved.

Lawyer Amadeus Cachia assisting Essessi insisted that the prosecution should bring forward “solid” facts when citing ongoing investigations as he cited case law from the European Court of Human Rights, in which the Strasbourg court repeatedly ruled that continued detention must be justified and should not be based on a general reference to ongoing investigations.

“The prosecution needs to explain how their release could impact the ongoing investigation,” Cachia said, adding that prolonged pre-trial detention was not justified if there is a strong media reaction.

“The court in its decisions relies solely on the records of the case,” Magistrate Rizzo stated, underlining that the court did not base its decisions on media reports.

Lawyer Franco Debono then made submissions on behalf of the rest of the co-accused, arguing that one was expecting the “small fish” to answer for their actions, while the AFM soldiers werenot held accountable for their actions.

The court reminded the defence that the AFM soldiers who chose not to testify were exercising their right to silence.

The lawyer also referred to the “miscalculation” by the police after it was initially reported that 226kg of cannabis resin had been stolen. The number was later revised down to 132kg, with the head of the forensic department, Inspector Charlot Casha, explaining what had gone wrong. Casha had also stressed in a previous sitting that the police did not weigh the blocks.

Inspector Mark Anthony Mercieca rebutted the arguments saying that this had been clearly explained in a previous sitting. On the ongoing investigations, the inspector said the investigation was so “vast” that they could not declare it closed, as the police were still discovering “new” evidence.

Debono took the floor again and insisted that his clients would adhere to any conditions imposed by the court if granted bail. In his final submissions, the defence lawyer invited the court to consider the fact that the laboratories where the drugs had been tested were not accredited and the CCTV footage collected during the investigation had not been presented in these proceedings.

The court is set to decide on the bail request in chambers.

The case continues on 28 April.

Magistrate Elaine Rizzo presided over the court.

AG lawyers Maria Francesca Spiteri and Kevin Valletta prosecuted alongside inspectors Mark Mercieca and Joseph Mercieca.

Lawyers Franco Debono, Marion Camilleri and Adreana Zammit assisted Cleaven Pace and Carlos Pace.

Lawyer Matthew Xuereb and Franco Debono assisted Sean Attard.

Lawyer Amadeus Cachia assisted Yousef Essesi.

University lab not accredited, board director confirms

Earlier on Monday, the director of the National Accreditation Board (NAB), Claudio Boffa, took the stand after he was summoned by the defence.

Boffa explained that the NAB is responsible for accrediting laboratories in Malta, certifying that they are competent to carry out different tests.

In his testimony, Boffa was asked whether the University of Malta lab where the drugs from the heist were tested was accredited.

Boffa initially argued that he would need to be released from professional secrecy to testify about any pending applications by the laboratory at the University of Malta, but he said that all accredited laboratories were listed on the board’s website.

He eventually confirmed that the laboratory was not accredited.

After explaining the accreditation process, Boffa said there could be a “huge” difference between the results obtained in an accredited laboratory to those which is not.

“An accredited laboratory would need to invest in its equipment and staff, and would need the necessary certificates,” Boffa said, adding that even the accreditation board was subjected to scrutiny by other boards.

Prosecutor Maria Francesca Spiteri cross-examined the witness, who told the court he could not comment on a laboratory’s legal obligation to obtain accreditation, as the board’s job was to accredit laboratories.

“It is up to the individual laboratories to comply with any law they are subject to,” Boffa said.

The defence requested bail, arguing that the prosecution had objected to bail because there were civilian witnesses yet to testify.

Making reference to Boffa’s testimony, defence lawyer Franco Debono said he would be requesting the court to expunge the testimony of court expert, Godwin Sammut, since the laboratory he used was not accredited.

“This case after all is not related to the AFM heist,” Debono said.

Prosecution suspects more people involved in drug heist

Prosecutor Spiteri observed that a substantial amount of the cannabis resin stolen last month has not been found, adding that the prosecution suspected that more individuals were involved.

“This case is connected to the heist,” Spiteri stated.

“There are four soldiers who came here and chose not to testify, and are still free when they should have ensured that the cannabis resin was safe,” Debono said.