The Malta Independent 5 August 2026, Wednesday
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Cocaine suspect to face jury trial after filing court application a day late

Tuesday, 17 March 2026, 11:43 Last update: about 6 months ago

A 45-year-old man from Marsa is set to face trial before the Criminal Court after filing a request to have his case heard by the Court of Magistrates one day outside the legal time-limit.

Kurt Buttigieg is charged with possession of approximately 1kg of cocaine in circumstances indicating it was not intended for personal use. He also faces charges of failing to obey police orders, reckless driving, damaging third-party property, and unlawful possession of a firearm and ammunition without a police licence.

Buttigieg allegedly threw a package containing the drugs out of his car during a police chase, which had been initiated after authorities received information about the drugs.

The bill of indictment was filed by the Attorney General in September 2025 and Buttigieg was formally notified on 19 November 2025.

On 27 November 2025, Buttigieg filed an application requesting that his case be heard by the Court of Magistrates instead of the Criminal Court. However, the Attorney General objected, arguing that the request had been filed outside the strict legal time-limit.

Under Maltese law, an accused person has seven days from notification of the bill of indictment or from the end of the compilation of evidence to file such a request. The court clarified that this time-limit is peremptory, meaning it must be strictly observed, and that the "seven days" refer to calendar days, not working days.

Since Buttigieg filed his application eight days after notification, it was deemed to have been submitted late.

The Criminal Court agreed with the Attorney General's position and ruled the application could not be considered.

As a result, the court refused to take cognisance of the request.

This means that Buttigieg will proceed to be tried before the Criminal Court, where cases are typically heard by a jury.

 


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