A prison inmate has been cleared of supplying heroin to a fellow inmate because of a mistake in the charge sheet, which showed that the crime happened in the morning when in fact it took place in the morning.

Keith Cremona, 29, was charged with supplying heroin and being a repeat offender.

The charges state that the alleged crime took place before 10.30am on 17 October 2009.

Multiples witnesses who took the stand to describe their version of events however told the court how the incident took place on 17 October 2009 at around 10.30pm

From the case report, the court heard how inside Corradino Correctional Facility, police constable Johann Carter heard shouting, and upon finding the source of the disturbance he found Cremona brandishing three cigarettes, which the accused wanted to pass on to another inmate in a different cell. Cremona was brandishing two Rothman’s cigarettes and one roll-up.

The constable testified that the other inmate seemed confused as to why the accused wanted him to have the cigarettes, because he already had a packet in his own cell. This caused the constable to become suspicious, and upon inspecting the roll-up cigarette he found that it contained a suspicious brown powder later confirmed to be heroin.

A search of the accused’s cell found a packet with four cigarettes, a lighter and a transparent plastic bag with brown powder inside. This powder tested positive for nicotine and heroin.

While presiding Magistrate Natasha Galea Sciberras did not contest the testimony as relayed by multiple police officers, however the fact that the charges relate to a different time (before 10.3am and not 10.30pm as is the case) could not be ignored by the courts.

The magistrate referred to case law dictating that an accused cannot be found guilty without the charges relating to the relevant time, place and brief facts of the case.

For this reason, the courts had no choice but to find the accused not guilty of all charges. Lawyer David Gatt represented the accused.