A man was spared imprisonment on appeal on Monday following conviction over the discovery of 17 ecstasy pills in his possession at a Paceville club on New Year’s Eve 16 years ago.

Kyle Gili, now 34, was stopped at the door of the Eden Arena on December 31, 2007 and found in possession of six pills in his left pocket and a further eleven pills inside a small plastic container tucked inside his other pocket on the right.

At the time, the youth claimed that the six pills in the small bag were his but the rest of the drug belonged to a third party who acted as supplier and who had been waiting for him at the door to the club.

He was subsequently charged with aggravated possession of ecstasy under circumstances denoting that the drug was not solely for personal use, without the special written authorisation of the Superintendent of Public Health as well as possession of cannabis resin.

In April 2014, a Magistrates’ Court cleared him of the third accusation but found him guilty of the other charges and condemned him to a 6-month effective jail term and a fine of €800.

When delivering judgment on appeal, Mr Justice Neville Camilleri confirmed the first court’s assessment of the evidence.  

A court-appointed scientific expert had testified that the effects of ecstasy lasted three to six hours and that the maximum dose in one night was three pills.

Yet, at the time of the offence the appellant had insisted that he sometimes consumed 9, 12 or even 13 pills in one night.

After examining the evidence, the court observed that the appellant must have known that those pills were meant to be trafficked, even if by someone else who had entrusted him with the drug for fear that he himself would get caught out at the entrance to the club.

The appellant knew that very well and was therefore an accomplice in the aggravated possession of the drug.

The appellant’s lawyers, Franco Debono and Francesca Zarb, argued in favour of a more equitable and fair punishment.

The court took note of the nature of the offences, the appellant’s updated criminal record that was “practically untainted” as well as the fact that the incident dated back to 2007 and the time it had taken for proceedings to reach conclusion.

Moreover, the Drug Offenders Rehabilitation Board declared itself satisfied with the appellant’s successful rehabilitation.

A report drawn up by Caritas pointed out that Gili had maintained contact with their community services and had been clean from illicit substances “for quite a number of years,” following the care plan laid out for him with very consistently.

In light of such evidence, the court partly upheld the appeal, confirming the conviction but converted the 6-month jail term to one that was suspended for one year and reduced the fine to €500.

The appellant was an ideal candidate in terms of the Drug Offenders (Treatment not Imprisonment) Act since his wrongdoing was mainly due to his drug dependency at the time, the court observed.

Moreover, the criminal proceedings will not to be taken into consideration for the purpose of the appellant’s conduct certificate.

Lawyers Franco Debono and Francesca Zarb were defence counsel.