A man was remanded in custody while a woman was released on bail after they were charged with cultivating cannabis plants clearly showing they were not for their personal use.
40-year-old Victor Degabriele from Cospicua and 24-year-old Cheyenne Azzopardi from Fgura were charged with aggravated possession of the drug. Azzopardi was also charged with cannabis trafficking.
Before Magistrate Monica Vella on Friday evening, the prosecution said that following investigations carried out over the previous weeks, the police searched a residence in Triq San Tumas in Fgura.
There they discovered around 12 cannabis plants, as well as several glass jars filled with sachets, with a substance suspected to be cannabis as well as other items related to alleged drug trafficking, including weighing scales and empty sachets.
Inspectors Kurt Farrugia and Keith Rizzo said officers also searched the man's farm, located in Triq Wied il-Għajn, Żejtun, where five more cannabis plants were found. He went on to say that a bag was also found in the woman's possession, with a substance suspected to be cocaine.
The accused pleaded not guilty to all the charges brought against them.
According to the law, people are allowed to cultivate up to a maximum of four cannabis plants within their home.
Defence lawyers questioned the arrest of the defendants, asking for details related to their clients’ rights. But Inspector Farrugia replied that he was not present for the arrest.
Azzopardi's lawyers asked the inspector whether their client tried to destroy any evidence or plants on the day of the arrest. Magistrate Vella did not allow the question, telling the defence that the inspector had already explained that he was not the person who arrested the defendants and therefore could not answer about the arrest.
Lawyers Jose Herrera, Matthew Xuereb and Roberto Spiteri challenged the validity of the woman’s arrest, arguing that the prosecution did not follow the procedures.
The court, however, deemed both arrests to be justified and validated them.
Defence lawyers requested bail, but the prosecution objected, arguing that this should not be granted due to the gravity of the crimes against the two defendants.
The inspector told the court that minors had been present inside the Fgura residence in some instances and that the man had breached the conditions of his release from arrest on another case.
Prosecutors therefore had no reassurance that he would follow the conditions of another release, the inspector said. The defence countered that the two defendants had children who relied completely on them.
Degabriele’s request for bail for refused and he was remanded in custody. The court ruled that he was not trustworthy and did not offer the court peace of mind that the conditions would be respected.
Azzopardi was granted bail against a €2,000 deposit and a €3,000 personal guarantee. She was also ordered to deposit her passport and identity card and sign the bail book at the Paola police station three times a week.
Magistrate Vella also upheld the prosecution’s request for a freezing order on all the defendants’ assets.
Police inspectors Kurt Farrugia and Keith Rizzo prosecuted while lawyers Jose Herrera, Matthew Xuereb and Roberto Spiteri were defence counsel.