A convicted drug dealer was cleared of all criminal liability after landing in fresh trouble over three “ornament-like” bullets found on a shelf when police searched his home two years ago.

Terrence Cini, a 37-year-old Qormi resident, was charged with possessing that ammunition in breach of the Arms Act, as well as breaching three previous bail decrees and relapsing. 

Police searching his residence on February 11, 2021, came across the bullets on a shelf. No firearm was found inside Cini’s home.

During proceedings before the Magistrates’ Court, the prosecution produced those three bullets in evidence but made no request for the court to appoint an expert to analyze the ammunition and report on the findings.

A police officer was tasked with reporting on those bullets after checking them, using only his ordinary senses.

Citing case law on the subject the court, presided over by Magistrate Simone Grech, observed that any technical opinion expressed by the officer, particularly as to the type of bullets involved and whether they could be categorized under the Arms Act, was not admissible in evidence.

Consequently, the court was to discard any technical opinions expressed by the officer in his report and testimony as they went beyond factual assertions.

In light of such considerations, the court lacked the best evidence as to whether the three bullets could be classified as ammunition listed under the second schedule of the Arms Act.

Service provider data showed communication between Cini and Alfred Mamo who told police that he had sold two boxes of ammunition to the accused.

He originally said that he sold the boxes for €100, but later said that the price was €40. Mamo could not shed light on the transaction itself or the kind of ammunition sold.

Police said that Mamo had said that one set of bullets measured .22mm and the other measured .38mm.

Yet when testifying, Mamo said that the bullets measured .9mm and .22mm.

And an officer testifying in the case said that two of the bullets measured 7.65mm while the third bullet measured 6.35mm.

Moreover, although Mamo said that he had sold two boxes of ammunition to Cini, police only produced 3 bullets which had been found placed in an “ornament-like” manner on a shelf.

In light of such evidence, the first charge of allegedly breaching arms laws was not proved and consequently, nor could the other charges be proven.

Lawyers Franco Debono and Alfred Abela were defence counsel.

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