A man was conditionally discharged by a court declaring that it was not “morally convinced” that the cocaine sachets found in his possession were meant for trafficking.

Emanuel Mallia, 38, landed in hot water in December 2013, as soon as he had stepped out of a taxi in St George’s Road, St Julian’s, his movements rousing the suspicion of a police patrol.  

The man was stopped and searched. 

Five sachets of white powder, suspected of being cocaine, were discovered inside his jeans pocket, along with cash and his mobile phone.

He was arrested and subsequently charged with possession of the drug under circumstances indicating that it was not intended solely for his personal use.

The man protested his innocence, testifying in court how that day he had spent the morning drinking at Ħamrun. 

Later in the evening, he decided to take a cab to Paceville to enjoy a few more drinks at a gentlemen’s club.

He was depressed at the time, having just split up from his partner and had stocked up on cocaine to last him all weekend, the accused had explained. 

In fact, he bought the sachets just before heading over to Paceville, paying out of his earnings and never intending to share the drug with anyone. 

When delivering judgment, the court, presided over by magistrate Natasha Galea Sciberras, observed that although the circumstances leading to the man’s arrest were somewhat suspicious, it was not “morally convinced” that the drug had not been meant solely for personal consumption.

The amount itself, namely 2.53 grams at 35% purity, could normally be associated with personal use.

Moreover, police had not found anything else in the accused’s possession to denote drug trafficking, went on the court.

Nor had the prosecution proved that the cash in the man’s pockets had been obtained through drugs. 

Given the circumstances, the suspicion against the accused remained just that, the court said, acquitting the man of aggravated drug possession and finding guilt on the basis of simple possession of the “not so significant” amount of cocaine.

He was conditionally discharged for 18 months. Lawyers Franco Debono and Amadeus Cachia were defence counsel.