A teenage driver who got into trouble after drugs were found in his car last month, has been granted bail, a week after he was remanded in custody, with his lawyers hinting at possible “forum shopping” by prosecutors.

It all began on May 19 when police in Qawra flagged down Lee Formosa, 19 of Marsa, whose Toyota Vitz with tinted glass and no number plate had caught the attention of the officers.

Prosecuting Inspector Jonathan Pace said the officers then noted a “peculiar movement” by the driver as he pulled to the side,  throwing something at the man seated next to him.

Upon closer inspection, they noticed that the driver’s licence was expired.

A search of the vehicle yielded 32 sachets of suspected heroin and cocaine which the passenger immediately said were not his.

Some €400 in cash and a Louis Vuitton pouch with more money were also found in Formosa’s possession.

The search continued at his residence but gave no positive results.

Formosa was interrogated and released on police bail until June 9.

On that day, he duly returned to the police station and his police bail was extended for a further ten days.

He was eventually arraigned on June 20, a day after he had returned to the police station.

Upon arraignment he pleaded not guilty to possessing the drugs in circumstances denoting that they were not solely for his personal use, driving without a licence and insurance cover as well as without a number plate.

He was also charged with recidivism and allegedly breaching previous bail conditions.

Duty Magistrate Donatella Frendo Dimech turned down the request for bail, observing that Formosa had faced similar charges previously and appeared to show no respect towards the authorities.

His case was duly assigned according to court procedures and a week later a first hearing was appointed.

Under cross-examination by the defence, the inspector confirmed that the police had encountered no communication problems with the youth who had followed all conditions laid down in terms of police bail.

The defence asked why the youth had been told to go to the police station at 11am on June 19 and was then arraigned the following day, hinting at the possibility of “forum shopping” by police, choosing one magistrate rather than another when arraigning a suspect.

Inspector Pace explained that although he had informed the magistrate who was on duty on June 19 about the upcoming arraignment, he was unable to press charges that day because the paperwork had not yet been completed.

Pressed for clarification about that material, the inspector made reference to the charges and the bodycam footage linked to the arrest.

In fact, on June 19 the inspector had contacted the magistrate who was scheduled for duty on June 20 and was given an appointment.

When making submissions on bail, lawyer Franco Debono said that this was a “mysterious case.”

How did the prosecution not have everything ready after a month-long investigation? And why had the court denied bail when the prosecutor declared that the accused had always cooperated while on police bail?

Moreover, the magistrate presiding over the arraignment had completely discarded the defence’s argument that the accused was a likely candidate for recourse to the Drug Court and that in itself could also amount to a breach of the accused’s right to a fair hearing.

A scientific expert testified that the drugs allegedly found in the accused’s car were nine  grams of heroin and 13.8 grams of cocaine.

After hearing testimonies and submissions on bail, Magistrate Giannella Camilleri Busuttil upheld a fresh request for bail against a deposit of €3,000, a personal guarantee of €6,000, daily signing of the bail book and under a curfew between 10pm and 6am.

The case continues.

Lawyers Franco Debono, Francesca Zarb and Lennox Vella are defence counsel.