A man accused of conspiring to import deadly substances purchased on the dark web had promised “a long-term business relationship” with the seller, a police investigator said in court.
Details of the alleged plot involving Jomic Calleja were summed up by prosecuting Inspector Omar Zammit on Tuesday as criminal proceedings against the 36-year-old Żebbuġ resident reached final stages.
Calleja stands accused of conspiring with a person outside Malta to unlawfully import explosives and a lethal poison from the United States, attempting to import the C-4 explosive without the necessary police licence as well as forgery of a private document.
With all evidence wrapped up and all witnesses having been heard, compilation proceedings on Tuesday continued with oral submissions by the prosecution.
It all started in June 2019 when police obtained information from foreign security services about an unidentified person who was trying to purchase Polonium-210, Ricin, and Fentaynl on the dark web.
Correspondence between the prospective buyer and seller indicated that those deadly substances were intended to target a victim weighing some 50 kilos and about 175 centimetres tall.
Investigators traced an order for C-4 explosive which the seller was to mail to an address in Essex, England.
A team of Maltese investigators led by Superintendent George Cremona then travelled to the US where the suspicious parcel was intercepted and the dangerous material replaced with a “dummy” for the purpose of effecting a controlled delivery, explained Zammit, as Calleja sat in court, a solitary figure at the front bench of Magistrate Donatella Frendo Dimech’s courtroom.
That parcel contained a block of C-4 explosive, complete with other components including a battery and blasting cap.
On August 25, the “dummy” reached a local haulier company and the following day, delivery was attempted to the given address of a certain “Roger Tabone”, a suspected fake profile of Calleja.
Delivery man sensed police presence
But plans were thwarted after the delivery man, sensing police presence on his tracks, returned to base without delivering the parcel.
Matthew Borg, a former deliveries supervisor at the private company, alerted Calleja who was subsequently arrested while driving.
Drugs found inside the vehicle were seized along with electronic devices.
Calleja was subsequently arrested and arraigned, pleading not guilty and denying all involvement in the alleged crimes.
The prosecution had no doubt that in this case there was “an agreement to deal”, argued Zammit, citing caselaw which stated that the very plot constituted the crime of conspiracy, even if nothing else took place after that.
Such agreement could be verbal, in writing, or even by means of gestures.
In this case, there was an exchange of emails between Calleja and the foreign seller.
“There was no doubt that the agreement existed,” went on the inspector.
In fact, Calleja had told the company employee, Borg, that he was expecting delivery of a parcel addressed to “Roger Tabone”.
And Calleja had messaged the seller asking, “Did you send [the C-4]?”
“Yes,” replied the seller.
“If you’re legit, we’ll have long-term business relationship,” Calleja wrote back.
Agreement on how explosive was to reach Malta
There was also agreement on the modus operandi, namely how the explosive was to reach Malta, said Zammit.
As for the accusation of attempting to import the explosive without a police licence, the prosecutor claimed that the only reason why the plot had failed was because Maltese police and their US counterparts “were proactive”.
There was no doubt that the accused had carried out the preparatory acts to import the material and started the execution of the plot.
On the day of the planned delivery, messages exchanged between Calleja and Borg were more frequent.
One of those sent by the company employee read that the parcel was “to be delivered first thing in the morning”.
It was only because the delivery man sensed that he was being followed and returned to base without delivering that the plot failed.
The charges against Calleja were very serious, said Zammit, wrapping up his arguments by focusing on the punishment called for by the prosecution.
“To date, we still don’t know who the bomb was intended for. If the police were not proactive, we don’t know what might have happened… Justice must not only be done but must be seen to be done,” the prosecutor finished off.
The defence is expected to file written submissions before the case enters the final leg with conclusive arguments in January.
Lawyer Benjamin Valenzia is defence counsel.