The laweyer defending two men accused of importing close to 20 kilogrammes of cannabis resin on a speedboat six years ago argued that a number of missteps occurred during police investigations.

A Maltese 40-year-old former barman named Godfery Gambin and Libyan national Adel Mohammed Babani, 51, are accused of drug smuggling. The defence team concluded their closing arguments this morning, meaning that the case is coming to a close. Madame Justice Edwina Grima, presiding over the case, is expected to begin her final address to the jurors before the jury begins its deliberation.

The main argument being made by the defence is that criminal intent, which is necessary for conviction, was missing. The reason they provided is that the two men were not aware that they were picking up drugs.

Dr Malcolm Mifsud, forming part of the defence, asserted that police investigators had erroneously leapt to conclusions in the light of inconclusive evidence, adding that the police had also expressed doubts at the time of the incident.

Previously, witness John Vella has said that Mr Babani approached him to come-along for the pick-up. Mr Vella ultimately decided not to go, adding that Mr Babani would not have put him in jeopardy like that as the two had been close friends.

Dr Mifsud claimed that his client’s version of events had been authenticated by the police, scientific date, as well as other witnesses. Referring to the prosecution’s focus on the testimony of a former Assistant Police Commissioner, Dr Mifsud argued that a witness’ credibility should not be linked with their ranking in society.

“My client could not have been guilty of possession as he was unaware about the drugs. Whether or not he conspired to bring a person into Malta, it was not about drugs.”

Dr Franco Debono, who also formed part of the defence team, called into question the controlled delivery operation.

In particular, Dr Debono questioned the evidence put forward by the prosecution. He pointed out how police investigators were unable to prove whether the drugs in question had been delivered to Malta on the day of the incident. Police investigators had said that there was an AFM official present in the operation, however no AFM witnesses were called to the stand to testify.

Dr Debono also emphasised that telephone intercepts had not been presented as evidence, which is contrary to the norm in cases such as this.

The court heard how the accused had just one mobile phone on their person. In numerous cases such as this, pre-paid phones are used which could be disposed of in order to rid themselves of evidence.

Countering Dr Debono’s arguments, the prosecution stressed that the controlled delivery operation has been authorised by a Magistrate, adding that this was in line with the law. The prosecution also said that it was the accused, Mr Gambin and Mr Babani, who had colluded, together with a third person outside of Malta, to import the large consignment of cannabis resin.

It was also said that both Mr Gambin and Mr Babani had gone to Xemxija, the pick-up point, on 29 and 30 June 2010 to receive the consignment.

The testimony of court expert Mario Mifsud, who is a pharmacist, said that in order to make one joint, 0.3 grams of cannabis resin is needed. This meant that the almost 20 kilogrammes of cannabis could make roughly 65,000 joints. The prosecution referred to this, stressing that the quantity of joints which could be made clearly indicate that the consignment was not for personal use.

Prosecuting inspectors also questioned the accused’s credibility, because six years on they were able to recall more details of the case. They concluded that in light of all the evidence brought forward, Mr Babani and Mr Gambin should be found guilty of all charges brought against them.

Madame Justice Grima’s concluding address to the jury has begun. The jury is made up of 11 men and women, who are set to deliberate on a verdict.

Lawyers Giannella Camilleri Busuttil and Nadia Attard from the Office of the Attorney General are prosecuting. Lawyers Alfred Abela, Franco Debono, Mario Mifsud are appearing for Gambin, while lawyer Malcolm Mifsud is defending Babani.