A Libyan man who was standing trial on three drug trafficking charges was found guilty of only one and was jailed for eight years and fined €18,000 (Lm7,727.40).
After nine hours of deliberation, the panel of jurors found Murad G M Erhuma, 26, guilty by six votes to three to conspiring to traffic in heroin on and before 18 December 2003.
He was found not guilty by seven votes to two to conspiring to traffic in cannabis resin and not guilty, with the same count, to import the drug on and before 17 September 2004.
Erhuma was apprehended on 17 September 2004 at the arrivals lounge at Malta International Airport, after arriving on a flight from Tripoli. The police detained him after another Libyan man, Magdi Ayad Bin Elkayal, who was on the same flight was stopped by customs officials and was found in possession of 740 grammes of cannabis resin. Elkayal immediately gave the defendant away and he was apprehended at the arrivals lounge.
However, he was charged with conspiring to traffic in heroin after customs officers arrested another Libyan man, Omar Mohamed Mehemud Erayani, on 18 December 2003, when he was found carrying 38 grammes of heroin in three capsules in his socks. Erayani accused the defendant of hiring him to smuggle the drug to Malta.
In handing down judgment, Mr Justice Joseph Galea Debono took into consideration Erhuma’s clean record, which was tainted only by his escape from Corradino Correctional Facility due to despair. Mr Justice Galea Debono said the man had already paid for his escape through a jail sentence.
He also declared that Erhuma was not to be considered the mastermind of the trafficking operation. The judge acknowledged the damage that heroin caused to society, however he took into consideration that the drug was only 40 per cent pure.
Mr Justice Galea Debono said Erhuma had to be penalised more heavily than Erayani, who had admitted to the charges brought against him at an early stage. Thus he jailed him for eight years and fined him €18,000 (Lm7,727.40).
Assistant Attorney General Anthony Barbara assisted by Dr Nadine Sant prosecuted while Dr Joe Mifsud appeared for the Erhuma.