A man was acquitted of the accusation of using and trafficking cannabis after the prosecution failed to analyse the substance and could not without a doubt say that it was, in fact, cannabis. 

The case goes back to May 2010 when Emad Masoud was found guilty of trafficking cannabis and sentenced to five months imprisonment and to pay a €550 fine by the first court. 

The Court of Appeal, presided over by Madam Justice Consuelo Scerri Herrera, heard how the police back in 21 May 2010 stopped a Daihatsu Terios at Pendergardens in St Julian’s for having one of the headlights out.  

Upon “acting suspiciously”, the police ordered the driver, Masoud, to exit the vehicle and the car was searched. 

In a drawer under the driver’s seat, police found a packet of Rothmans blue, inside which was a “brown substance”, suspected cannabis resin that amounted to 34 grams. 

While investigating Masoud’s residence, the police found a Coca Cola bottle under the sink “in the form of a bong” with suspected traces of cannabis resin amounting to 1.3 grams and a significant amount of Rizla paper. 

Upon arrest, Masoud had given a statement to the police saying that he abused of cannabis and had only been selling it for a month, buying five pieces at €80 and making a profit of €40, only selling it to friends. 

The first court had decided that despite the substance hadn’t been analysed, it could rely on Masoud’s own statement confirming the substance was illegal and dangerous. 

The Court of Appeal decided that this statement, despite confirming he had in fact been selling cannabis, was inadmissible since it was made without the defendant’s lawyer, Roberto Montalto, being present at the time.  

Citing the European Court of Human Rights, the court declared that the accused had a right to a lawyer being effectively present while the accused was being interrogated. 

“This court is in no way declaring that the accused’s fundamental human rights were breached but since these rights were not being exercised by the accused, the court rejects any statement he made when his lawyer was not present,” the court declared. 

The Appeals Court revoked the sentence of the first court and it liberated the accused.

Inspector Victor Aquilina prosecuted. 

Roberto Montalto was defence counsel.