The Court of Magistrates yesterday restarted proceedings against two men charged with conspiracy to import and traffic cannabis and with its possession.
Last October, the Criminal Court had ruled that a bill of indictment against the men was null and void since there were documents missing in the case file, which was one of those destroyed in the fire that engulfed Magistrate Antonio Mizzi’s courtroom in 2004.
UK-born Aaron Rodney Pavia and Italian national Claudio Porsenna are accused of conspiracy to import and traffic cannabis in Malta. They are also accused of cannabis possession, which was found in circumstances denoting it was not for their personal use.
Presiding over the Criminal Court on 30 October last year, Mr Justice Galea Debono had explained that the case file was one of those destroyed in the fire which engulfed Magistrate Mizzi’s courtroom.
Magistrate Mizzi had ordered that the case file be reconstructed so that the compilation of evidence against the two men can continue.
However, the documents were left out and this made the case file inadmissible. Mr Justice Galea Debono therefore sent the file back to the Court of Magistrates for the documents to be included in the case file before another bill of indictment is issued against the men.
Magistrate Mizzi yesterday heard Superintendent Neil Harrison and two other police officers testify in the compilation of evidence against the accused that restarted yesterday.
The court heard the officials explain how the raids were carried out in May 2003, after a tip-off that there was going to be an exchange of drugs between some people.
The police carried out raids and found different drugs in a car and in the residence of another man who had told police that the drugs were given to him by a certain Claudio who was leaving the island.
Superintendent Harrison told the court he had told officials at the Seaport to arrest Mr Porsenna, since he was meant to leave from there.
In a statement given to the police, the accused had both denied purchasing, using or selling drugs.
The case continues.
Magistrate Antonio Mizzi presided over the court.
Superintendent Neil Harrison is appearing for the prosecution, while Dr Jason Azzopardi, Dr Kris Busietta and Dr Franco Debono are appearing for the accused.