A former prison inmate who was undergoing prosecution over a ‘suspected’ packet of heroin found in his cell 12 years ago, has been let off the hook on account of missing evidence and procedural defects.

Anthony Borg, 39, from Sliema, got into trouble when a search of his cell at Corradino’s Division 11 in October 2010, yielded a suspicious packet as well as four pills.

Borg pleaded not guilty to unlawful possession of heroin as well as recidivism.

In July 2021 the proceedings were assigned to newly-appointed magistrate Elaine Mercieca.

When delivering judgment the court observed that although the charges stated that the incident took place at around “19:30”, one of the prison officials involved in that search testified that the cell inspection took place “in the morning.”

Although that testimony did not tally with the information contained in the charges, the prosecution never requested any correction to the charge sheet.

The court also observed that the allegations did not fall within the parameters outlined in the charges.

But that was not the only shortcoming in the proceedings.

The substance allegedly seized from the accused was never produced in evidence, nor was it analyzed. Two scientific experts confirmed on oath that they were never tasked to check any substance linked to this case.

This meant that the proceedings lacked “crucial evidence” to prove that the substance allegedly found in Borg’s possession was actually an illegal drug, concluded the court, thus acquitting the accused.

Lawyers Charles Mercieca and Gianluca Caruana Curran were defence counsel.