A 44-year-old man from St Paul's Bay today was cleared of cocaine possession with intent to traffic after the prosecution failed to prove that the substance found in his possession was cocaine.

Magistrate Natasha Galea Sciberras heard how Francis Formosa was arrested in February 2007 after the vehicle he was in was stopped by police officers in the "T'Alla w Ommu' area in Naxxar. The police had noticed someone throwing something out of the passenger side window after flagging the car down. A bag with white powder was found in the street and the two men were arrested.

During the police interrogation the driver denied using drugs and the passenger, Mr Formosa, denied throwing drugs out of the car. He had also refused to answer any more questions.

The Magistrate noted that the prosecution had never requested an analysis of the contents of the bag. As such, the court could not be entirely sure that the substance was cocaine. She also noted that while the charges say the crime happened in August 2005 the prosecution had testified that it occurred in February 2007. Mr Formosa's statement was also dated February 2007.

Mr Formosa was acquitted of all charges. He was represented by lawyer David Gatt.