Two men accused of smuggling nearly 20kg of cannabis resin have been acquitted by a jury this afternoon.

Family members of the two burst into loud applause and tears of joy as the seven-to-two not guilty verdict was read out.

As the verdict was read out after five-and-a-half hours of deliberation, the emotion could hardly be contained and a squeal escaped one of the accused's lips. The two men fervently embraced their lawyers as their family members struggled to contain themselves.

Barman Godfrey Gambin, 40, had been arrested at Xemxija in July 2010 together with Adel Mohammed Babani, 51, after police had found the cannabis resin in bags which the men were seen flinging out of their car whilst approaching a police roadblock.

The suspected mastermind of the operation, Nabeil Ibrahim Saleh, 44, had been arrested with the other two men but had skipped bail and absconded. He has been on the run ever since.

Mr Gambin was found guilty of simple possession of cannabis grass and resin and handed a two year conditional discharge. 

The defence had raised questions on the handling of the police investigation and argued that the defendants had not been aware of the smuggling operation.

 

At the start of this trial, former assistant commissioner Neil Harrison had revealed that this had been a controlled delivery. The defence subsequently questioned the legality of such an operation and asked why such an important fact had been kept concealed for six years.

Throughout the trial, the defence's principal argument was that the men had not been aware that what they were going to pick up were, in fact, drugs and that therefore, the criminal intent necessary for a conviction was absent.

The prosecution had on the other hand argued that the controlled delivery had been authorised by a magistrate, according to law.

Defence lawyers Malcolm Mifsud, Franco Debono, Alfred Abela, Mario Mifsud all had reason to celebrate. Photo: Kim DalliDefence lawyers Malcolm Mifsud, Franco Debono, Alfred Abela, Mario Mifsud all had reason to celebrate. Photo: Kim Dalli

Reference was also made to the testimony of court expert pharmacist Mario Mifsud, who explained that only 0.3 grams of cannabis were needed to make one joint. This meant that approximately 65,000 joints could be made from the drugs seized in this case, clearly indicating that the drug consignment was not for the exclusive use of the accused.

The prosecution, among various other arguments, also brought to the attention of jurors the fact that now, six years down the line, both the accused men recalled more details than when they had first been interrogated by the police on the day of the incident.

This clearly showed the two men lacked credibility, the prosecution had argued.

Lawyers Giannella Camilleri Busuttil and Nadia Attard from the Office of the Attorney General prosecuted. Lawyers Alfred Abela, Franco Debono and Mario Mifsud appeared for Mr Gambin while lawyer Malcolm Mifsud defended Mr Babani.

Madam Justice Edwina Grima presided over the case. 

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