Two youths who locked out police officers denied bail over drug charges

A court denied bail to two youths after hearing that the pair were arrested inside a remissa equipped with “counter-measures” to a possible drug raid.

Zackery Majri, 20, from Tarxien, and Aden Christian Fenech, a 24-year-old from Birkirkara, appeared before duty magistrate Tanya Sammut.

They were accused of being in possession of cocaine and cannabis – both grass and resin - in circumstances that denoted the drugs were not for personal use.

They were also accused of suppressing the traces of a crime and disobeying legitimate police orders.

Fenech was also charged with money laundering.

The men denied the charges brought against them.

Police inspector John Leigh Howard told the court that the police had placed Fenech under surveillance. On December 15, the police noticed Fenech driving his mother’s Toyota Vitz along Triq il-Ġerrejja in Marsa.

The man then got out of the car and entered the remissa (livestock building), shutting the door on the officers, who tried to follow him inside.

The officers identified themselves and requested that the door be opened. They heard movement coming from inside the remissa, including the flushing of the toilet some four times and the sound of things breaking.

The officers were let in after around 15 minutes. The police suspected that the youths had flushed down the drugs. They had also broken their mobile phones.

Inside, the police found three sachets of cocaine, some cannabis grass and a sachet of cannabis resin.

Howard explained that they tried to break down the door, but could not because a wooden beam was placed across it from the inside, locking them out. Howard had spotted Fenech through one of the windows, he added.

The police also found €5,500 inside Fenech’s car and an undisclosed amount of cash in the building. A "large knife" was found inside the glove compartment.

No drugs were found on Majri.

The defence requested bail for both men.

Lawyer Franco Debono summoned Majri’s mother, who confirmed that the man would live with her if granted bail, while lawyer Ishmael Psaila summoned Fenech’s mother, who similarly confirmed that the accused would live with her and she would sustain him.

Debono insisted that his client has no previous criminal convictions.

He underlined that Majri was a young man and there were no civilian witnesses in the case.

Debono also argued that the amount of drugs was “minimal” and no drugs or money were found on his client, “who happened to just be there”.

Similarly, Psaila stressed that his client is young and had previously been convicted on traffic-related charges. He underlined that the amounts were minimal.

He warned that by denying the youths bail, they will go through trauma, and that they should be placed on the right path.

Debono interjected that the youths can eventually be eligible to appear before the drug court.

Prosecutor Nadia Ciappara insisted that the pair had already tampered with the evidence when they locked themselves in, preventing the police officers from entering and clearing the scene.

She insisted that the drugs were destroyed; however, the objects seized from the scene indicated possible trafficking.

The AG lawyer also underlined that the pair could not sustain themselves and would resort to selling drugs.

Debono countered the submissions, saying, “God forbid unemployed individuals do not get bail!”

“Evidence has to be brought before this court. They are telling us the accused flushed down the drugs, but [the prosecution] does not know what was flushed down,” Debono said.

The police inspector explained that there were live view cameras that do not record footage, but just show outside the remissa, including the streets leading to the area. This allowed the suspects to immediately notice any police movement way before reaching the area.

The court denied the pair bail, and they were remanded in custody.

A freezing order was imposed on the accused, to which the defence objected.

Magistrate Tanya Sammut presided.

AG lawyer Nadia Ciappara prosecuted, assisted by police inspector John Leigh Howard.

Lawyers Franco Debono, Marion Camilleri and Adreana Zammit assisted Majri.

Lawyers Ishmael Psaila and Amadeus Cachia appeared for Fenech.