The case of a man who was due to stand trial on charges of drug trafficking was postponed sine die (until further notice) yesterday, after the court heard that one of the prosecution’s key witnesses had not been convened to testify as he was abroad.

Stanley Chircop is being charged with possessing and trafficking in heroin and cocaine between 1997 and 1998.

Mr Justice Giannino Caruana Demajo deferred the trial, as the prosecution informed the court that one of the main witnesses had not been called for.

Prosecutor Aaron Bugeja made a request for the witness’ testimony that was given during the compilation of evidence to be read out, as the man was not available, but defence lawyer Dr Joseph Brincat objected to this request.

It was then that court marshal Rita Galea was asked to testify. She said that she had gone to the home of the witness to call for him to testify in court during Mr Chircop’s trial by jury, but the man’s son had told her that his father was on a long holiday in America.

When Ms Galea spoke to the son on the telephone at a later stage, she was again told that he was in America for work-related reasons.

The judge ruled that, according to a clause in the constitution, defence lawyers should be allowed to cross-examine the prosecution’s witnesses. He said the equality of arms requested by law should be protected and there were sufficient reasons to allow the defence to examine the prosecution’s main witness.

He further noted that the court had only recently learnt that the witness would not be present for the trial by jury and that the fact that he was away for a long time was not convincing.

Mr Justice Caruana Demajo therefore put off the case sine die, until the prosecution’s main witness was brought to testify, or until his statements were collected by means of rogatory letters.