A prisoner was today acquitted of heroin trafficking due to a mistake in the time specified in charges.

Keith Cremona, 29, had been charged with supplying or procuring heroin in prison as well as with being a relapser.

The court was told how on October 17, 2009, at around 10.30pm a correctional officer had become suspicious of cigarettes the accused wanted and on close inspection these were found to contain a brown powder that was later confirmed to be heroin.

Magistrate Natasha Galea Sciberras, presiding the case, explained that while the court did not disbelieve the many witnesses produced by the prosecution, it could not ignore the fact that the charge sheet stated that the incident happened at 10.30am when it occurred at 10.30pm.

Citing a number of decisions by the Court of Criminal Appeal, she observed that a person accused could not be found guilty of charges which referred to a time different from that in which the offence actually occurred.

She ordered the destruction of the drugs and acquitted Mr Cremona of all charges. Lawyer David Gatt was defence counsel.