A suspected drug trafficker was let off the hook on Friday on account of the prosecution’s failure to request the court to appoint a scientific expert to analyse the suspicious substance seized from the suspect. 

Failing that “crucial piece of evidence”, the Magistrates’ Court “could never be morally convinced” that the green and white substances found in possession of Matthew Robert Gibson were actually prohibited drugs. 

The case dated back to May 2022 when two police officers patrolling the area of Spinola Gardens in St Julian’s caught sight of four people whose behaviour appeared somewhat suspicious. 

As the policemen watched, one of the men reached down for his bag, opened it and drew out a black pouch.

The man - later identified as the accused - handed “something” to a member of the group who, in turn, handed back a €20 note.

The officers closed in on the men.

The pouch in possession of the suspected trafficker contained small bags filled with a green substance.

A search of the man’s bag yielded a steel container filled with a white substance and several small empty plastic sachets. 

When taken in for questioning, Gibson opted mainly for silence. 

He subsequently pleaded not guilty when charged with possessing cannabis under circumstances denoting that the drug was not intended solely for personal use, selling the drug, and doing so within 100 metres of a place where young people habitually met.

However, in the course of proceedings, the prosecution failed to ask the court to appoint an expert to analyse the substances seized and determine the nature thereof. 

That omission proved fatal. 

When delivering judgment, the court, presided over by Magistrate Elaine Rizzo, observed that without that “crucial piece of evidence, this court can never be morally convinced” that the substances found in the accused’s possession were actually “prohibited” in terms of law. 

The court thus had no option but to pronounce an acquittal. 

However, it reserved one last word for the prosecution soliciting them “to show more attention when prosecuting such cases so as to ensure that crucial and basic evidence such as the one missing in this case are not omitted.” 

Lawyers Franco Debono and Francesca Zarb were defence counsel.