The case against Godfrey Gambin and Libyan Adel Mohammen Babani saw a rather unexpected revelation made in court this evening, where the arresting police officer said the operation had been a “controlled delivery” to catch those involved in the act of passing over drugs.

40 year-old Godfrey Gambin was arrested in July 2010, along with two Libyans Adel Mohammed Babani, 51 and Nabeil Ibrahim Saleh, 44 as cannabis resin was found in their possession soon after their boat arrived in Xemxija.

Saleh had been granted bail in 2012 and is at large, having likely escaped for Libya after he was released.

They are charged with importing cannabis, conspiracy to import cannabis resin, aggravated possession of cannabis in amounts denoting that it was not for their personal consumption. Gambin is also charged with simple possession of cannabis resin and cannabis grass.

Neil Harrison, a former Assistant Police Commissioner, said that the operation involved many officers. As an example, he said he was observing the bay from an abandoned restaurant nearby, while another officer took up a different position.

He noted two vehicles arriving at 2 am, and spent two hours on the quay, but nothing happened and the men left the area in their vehicles.

Sometime later, another man arrived on the same spot. He said officers were placed in intercept cars blocking the road ahead and behind the vehicle. Seeing the roadblock, he said, Gambin threw a bag out of his car.

He said that his informant had been in contact with him for a while, adding that he had information Saleh planned to ferry drugs to Malta from Libya over sea, an operation that was called off due to unfavourable conditions on a number of occasions. 

The information he received, Harrison said, was that Saleh was not working solo.

Defence lawyer Malcolm Mifsud pointed out that the cross-examination had already been recorded and should not be re-examined. He requested that the Jury ignore information supplied by the source since he cannot be questioned in court.

Defence Lawyer Franco Debono added that the introduction of this evidence was not part of the compilation of evidence and thus is not permitted. “If we are going to hear about a controlled delivery you require authorisation from the inquiring magistrate, or else it will be illegal.”

He argued that the Dangerous Drugs Act stipulates that a controlled delivery must take place with the consent of the Attorney General or a magistrate, adding that he has not seen such documented consent.

Dr Debono argued that new evidence at Jury stage is unheard of, adding that it would mean the two being accused are in court because of an illegal sting.

Mifsud then argued that the witness cannot refer to a controlled delivery considering there is no evidence of such in the acts of the case.

He argued that not a single officer mentioned this during the compilation adding that this was contrary to the spirit of the law. The whole point of the compilation of evidence, he said, was for the accused to know the evidence against him.

The prosecution said the source in any controlled delivery is never revealed.

Camilleri Busuttil , indicated anther case involving a similar controlled delivery, where the Court of Appeal held  that new evidence coming to light at trial stage was not excluded.

They also said that the law does not stipulate that consent need be in writping, but rather that it only need be proven that a Magistrate gave consent. Harrison, the prosecution said, testified under oath to that effect, saying he was given the go ahead by a Magistrate.

Judge Edwina Grima held that it was premature of the defence to attack the revelations.

She said that the law does not prohibit the production of evidence at this stage of trial given that the defence may cross-examine witnesses on the matter.

 Lawyers Giannella Camilleri Busuttil and Nadia Attard from the Office of the Attorney General are prosecuting. Lawyers Alfred Abela, Franco Debono, Mario Mifsud are appearing for Gambin, while lawyer Malcolm Mifsud is defending Babani.

Madame Justice Edwina Grima is presiding over the case.