A woman accused of procuring and supplying heroin in Victoria Gozo, was sentenced to a year in prison after the Court of Appeal reduced the first court’s more severe penalty.

In June 2017, Dorothy Refalo was sentenced to two years and six months in prison and to pay a fine of €1000.

The defence counsel asked for the client to be acquitted of all charges, especially since the accused could not be deemed a supplier.

The court heard a witness claiming that he had been buying heroin from the accused and had even supplied her with some himself when she was in dire need. 

Back in 2010, the Police had searched Refalo’s residence and had only found scales and a small plastic bag within which was a brown substance.

Though the court said that there were testimonies that clearly named her as the supplier, the court expert said that the substance within the small bag was only a small trace. 

“For this reason, the possession of the drug cannot be said to be aggravated since the court expert could only find a trace of the illegal substance, not enough to say it was beyond her personal use,” the court said.

The Court of Appeal requested the Prison Director to help the woman rehabilitate herself.

“The accused posed the argument that she is now on the right path and is doing everything in her power to overcome her dependence on drugs,” it added.

The Appeals Court changed the first court's decision and Refalo was sentenced to one year in prison and a €1,000 fine. 

Giovanni Grixti was the presiding judge. 

Franco Debono and Angie Muscat were defence counsel. 

Inspector Bernard Spiteri prosecuted.