A woman who was sentenced to two years in prison for assaulting a police officer is getting a retrial after a court refused to consider crucial DNA evidence.

In 2021, Naomi Tanti was found guilty of assaulting a police officer, reckless driving, carrying a prohibited weapon, being in possession of cannabis and breaching bail during an incident in 2018.

She was sentenced to two years in prison and fined €6,000.

However, last month, a court of appeal presided over by Madame Justice Edwina Grima ordered a retrial with new evidence considered after finding that the defence had been prevented from obtaining crucial DNA evidence.

In her appeal, Tanti argued that the Court of Magistrates had been prejudiced against her, as it denied her request to prove that, in addition to her DNA that was found on drugs in her possession, there was also the DNA of her former partner.

Her former partner is the alleged drug kingpin Jordan Azzopardi, also known as the “El Chapo of Malta”.

During the compilation of evidence, court-appointed DNA expert Marisa Cassar was tasked with analysing DNA samples found on various items, including a pink pouch and plastic bags containing drugs and money.

The expert found a mixed genetic profile of a man and a woman on all items, but the plastic bags primarily contained the genetic profile of a man.

Tanti claimed that the male DNA belonged to Azzopardi and requested that the court reappoint the expert to compare the male DNA with Azzopardi’s.

However, the court denied this request. After being sentenced to two years in prison and fined €6,000, Tanti filed an appeal, arguing that the magistrate’s refusal to allow the DNA comparison had unfairly influenced the trial.

Upon reviewing Tanti’s arguments, the court of appeal ruled that she should not have been denied the request, as the DNA evidence could have altered the outcome of the case.

As a result, the court annulled the previous verdict and ordered a retrial, taking Azzopardi’s DNA evidence into account.

Defence lawyers Arthur Azzopardi, Jose Herrera and Jacob Magri represented the accused.