Two men were granted bail on Monday after pleading not guilty to conspiracy to traffic heroin, procuring the drug and possession under circumstances denoting that the drug was not solely for personal use.
Kevin Mifsud, a 41-year-old truck driver from Zebbuġ and Francois Zammit, 45, unemployed of Żejtun were arrested on Saturday after police tailed Mifsud as he drove his van in Żabbar. CCTV footage showed him hand something to Zammit. Police said it turned out to be a half-kilo block of heroin.
When police approached, Zammit flung the drug back into the van, Police Inspector Marshal Mallia told the court during the arraignment.
Mifsud was also accused of breaching bail both men are accused of relapsing.
Both men made requests for bail which were objected to by the prosecution.
Inspector Mallia said investigations were still ongoing and pointed to Zammit’s “voluminous” criminal record, running into ten pages.
But defence lawyer Franco Debono rebutted that there were no civilian witnesses in this case and there were no grounds to deny bail.
Adequate court conditions could create the necessary balance.
Magistrate Rachel Montebello, upheld the request for bail against signing the bail book three times weekly, a curfew between 8:30pm and 6:30am, a €3000 deposit and a personal guarantee of €5000.
In Mifsud's case, the prosecutor objected to bail not so much in light of the accused’s criminal record “which was not so unruly” but because the alleged trafficking was done in the presence of the man’s ten-year-old son.
“Heroin is one of the most destructive drugs,” argued the inspector.
But defence lawyer Michael Sciriha rebutted that the accused was still presumed innocent and the breach of bail was still to be proved.
Moreover, there were no civilian witnesses and the accused had a job. If he was not granted bail his family will suffer.
The court granted bail against a deposit of €4000, a personal guarantee of €6000, signing the bail book three times weekly and under a curfew between 9:00pm and 5:30am.
The court upheld a request for a freezing order over the assets of both men.
Inspector Marshal Mallia prosecuted. Lawyers Franco Debono, Marion Camilleri and Alfred Abela were counsel to Zammit.
Lawyers Michael Sciriha and Christopher Chircop were counsel to Mifsud.