24-year-old Alan Muscat has been handed a lifeline after a judge ruled that he should be judged by a magistrate's court where he can face a maximum of ten years imprisonment - rather than a life sentence.

The case goes back to February 2010 when Alan Muscat as well as three others - Muscat's 27-year-old brother Luke, Henry Grogan, 27, and a 21-year-old man - were charged with conspiring to traffic 5kg of cannabis. They were arrested after a deal was foiled by the police. Mr Muscat was promised €100 to transport 5kg of cannabis.

In such circumstances, an accused could then either admit to the charges or face a trial by jury. Muscat pleaded not guilty to the charges.  Defence lawyer Jason Grima argued that the accused involvement had only been minimal.

Judge Antonio Mizzi ruled that the accused's participation was minimal and that he should consequently face a magistrate's court, rather than a judge.

If an accused were to face a judge before the criminal court, he could face a maximum possible sentence of life imprisonment, while in a magistrate's court the maximum sentence is that of ten years.

In October, for the first time, a court of appeal upheld the defence's challenge to the right of the Attorney General to decide by which court a case will be heard.