The jury of Ikechukwu Stephen Egbo, a Nigerian man of 38-years-old accused of conspiring to traffic cocaine is coming to an end as the defense and the prosecution go head-to-head on the credibility of the leading witness.
The case dates back to November 2010, when Attila Somlyai, a Romanian national, was intercepted by the police when arriving in Malta for Düsseldorf. After being taken to Mater Dei hospital and examined, Somlyai was found with 60 capsules of cocaine hidden in his stomach, worth some €44,000.
The Romanian is currently serving nine years imprisonment and is the leading witness where the prosecution is making the case that the drugs brought down by Somlyai were intended for Egbo. The credibility of the witness is a crucial point for both the defense and the prosecution.
Lawyer Simon Micallef Stafrace, representing the accused, stressed that the court expert appointed to the case, Martin Bajjada, already confirmed that there was no communication between the two men. This directly contradicts the testimony of Somlyai, and Micallef Stafrace argued that this is enough for there to be reasonable doubt on the case against the accused.
The accused's lawyer went on to highlight CCTV footage showing footage shortly before the arrest of Egbo at a supermarket in Sliema.
Micallef Stafrace argued that the footage shows absolutely nothing because at no point could the witness be seen approaching the accused. The lawyer slammed the police for procedural shortcomings, and remarked that he expected better from officers who had been working drug cases for several years.
He pointed out that despite the witness claiming that Egbo ran out of the supermarket in question, this was not actually the case.
Micallef Stafrace questioned how his client was not found with any money when he was arrested, when an exchange of drugs for money was supposed to have taken place between Somlyai and Egbo. He concluded by saying there is no physical evidence tying his client to the accusations.
The prosecution, lead by lawyer Giannella Busuttil, said that Somlyai had been charged, tried, found guilty and is now facing a nine year prison term for essentially being a drug mule. She described how drug dealers prey on the most vulnerable people in society to carry out the crime which risks jail and health issues should the capsules burst.
Refuting the argument on the exchange drugs for money, she argued that drug couriers are never trusted with cash.
She added that the drugs found in the witness' stomach were completely pure, meaning that they were likely to be cut again in order to increase quantity and profits.
Busuttil said that no piece of evidence should be viewed in isolation. Referring to the CCTV footage, she said that on its own it could mean nothing but when all circumstantial evidence points in one direction, it must be considered.
While there was no black and white footage of the events, she contended that Egbo had gone to the witness' hotel for a specific purpose, that evidence suggests he was aware of the deal, and that the Nigerian drug boss had instructed him to carry out the exchange.
Madam Justice Edwina Grima, presiding over the case, will address the jurors after both parties rest their case. Following this, the jury will retire to their quarters and deliberate the verdict.