Man found with small amount of drugs is cleared of trafficking

A man who was caught “red-handed” with small amounts of drugs at a health centre, was fined for simple possession after the prosecution failed to prove that the drugs were intended for trafficking.

Henry Onwaueabuchi, a 30-year old Nigerian national, was arrested two days before Christmas. 

At the time he had turned up at the Mosta health clinic, insisting that a “policewoman had taken away his passport” when staff requested to see his personal documents.

Police intervened, acting upon instructions to escort the man to the immigration department.

But before doing so, the man was frisked and that was when police came across the drugs in his pockets.

Five sachets of white powder which were later certified as cocaine, two sachets of cannabis grass and some black substance later confirmed to be cannabis resin were found. 

The suspect insisted that the drugs were for his own personal use.

A night of partying

He told police that he was staying at a St Julian’s hotel and had no relatives in Malta, but invited the officers to accompany him to his residence to confirm that he had been partying with friends.

The police did not follow upon that suggestion but checked with the hotel and were told that there was “absolutely no record whatsoever” of the man on the hotel’s guest list.

A representative from another hotel at St Julian’s subsequently confirmed that Onwaueabuchi had been lodging there for a month, renting a room at €450 and had extended his stay for another month at the cost of €500.

The suspect was charged with possession of cocaine, cannabis grass and cannabis resin with intent to supply, as well as refusing to give his personal details to the police.

A court-appointed expert confirmed that the drugs consisted of 1.14 grams of cocaine, 1.12 grams of cannabis buds and 0.18 grams of cannabis resin.

When delivering judgment on Friday the court, presided over by magistrate Elaine Mercieca, observed that the accused had been caught “red-handed” in possession of the illicit substances and that fact was not contested.

What was contested, however, was whether they were for his personal use or otherwise.

Amounts were 'not significant'

The amounts involved were “not significant,” and usually denoted personal use, observed the court, adding that the prosecution had not proved beyond reasonable doubt that the accused intended to supply others with those drugs.

Not only were the amounts of cannabis small and the discrepancy between the sachets “notable” but in light of recent legal amendments, possession of less than 7 grams of cannabis did not constitute an offence when intended for personal use.

The court thus cleared the accused on the basis of the cannabis-related charges.

The amount of cocaine was likewise considered “not significant” although it did raise some suspicion especially since paracetamol was also detected and that substance was normally used as a cutting agent for cocaine.

The court also noted that although the accused claimed to be unemployed, he had afforded to pay quite a substantial sum for a rented hotel room.

But that alone was not enough to prove beyond reasonable doubt that the cocaine was not intended for personal use, concluded the court.

The accused was thus found guilty of simple possession of the drug and for refusing to supply his details to the police, landing a total fine of €130 and an additional sum of €311 to cover court expert expenses.

The court ordered the destruction of the drugs once the judgment was final.

Inspector Ryan Vella prosecuted. Lawyer Daniel Attard was defence counsel.