The former vocalist of popular Maltese band Scream Daisy was spared a mandatory effective jail term after a court of appeal took note of positive developments in his drug addiction programme.

Jotham Saliba, 53, had landed an 18-month effective jail term and a €2,300 fine upon his conviction in 2019 before a Magistrates’ Court that had declared him guilty of aggravated possession of ecstasy, simple possession of cocaine, and cannabis as well as recidivism. The court heard how he had over 100 ecstasy pills in his possession.

He appealed and the court upheld his request for a referral to the drug offenders’ rehabilitation board, which heard a forensic psychologist explain how Saliba was dependent on ecstasy at the time of the commission of the crimes in question. He was not charged with trafficking the pills, but with aggravated possession.

Mr Justice Aaron Bugeja, presiding over the Court of Criminal Appeal, ruled that it had been satisfactorily proven, that the crimes of which he was charged, after having been referred to the board, were substantially attributable to his drug addiction.

The court observed that the raison d’etre of the Drug Dependence (Treatment Not Imprisonment) Act law was to set up a framework tailored to help drug addicts, by focusing upon rehabilitation rather than retribution.

An expert psychologist confirmed that at the time of his arrest, the appellant had been highly dependent on ecstasy, consuming up to 30 ecstasy pills a day, but had since then registered significant progress and taken concrete steps in kicking the habit.

Mr Justice Bugeja, therefore, revoked the 18-month effective jail term and instead suspended them for two years.

Lawyers Franco Debono and Francesca Zarb assisted the appellant.