The Court of Criminal Appeal rejected an appeal filed by Gaetano Azzopardi, confirming both a conviction and sentence in a long-running drug case dating back to 2006.
Azzopardi had been found guilty by the Magistrates Court in April 2021, for possessing heroin in circumstances indicating that the drug was not intended solely for personal use. The original judgment sentenced him to six months' effective imprisonment and imposed a €900 fine.
The case stems from an incident 20 years ago in 2006, when police officers stopped Azzopardi in Paceville following an anonymous tip-off. A search uncovered five packets of a substance later identified as heroin, along with 10 unused syringes, two mobile phones and a sum of cash.
During proceedings, the defence did not contest that the substance was heroin or that it had been found in Azzopardi's possession. Instead, the central issue was whether the drug was intended solely for his personal use.
The prosecution argued that a series of SMS messages extracted from one of the mobile phones indicated that Azzopardi was expecting to receive drugs and intended to pass them on to third parties.
The court also noted inconsistencies in his account regarding the timing of his arrest, particularly in light of when the messages were sent.
In his appeal, Azzopardi argued that the first court had misinterpreted the evidence and failed to properly justify its conclusions. He maintained that the syringes and drugs were consistent with personal use, pointing to his history of drug addiction.
He also suggested that the mobile phone may have been used by others, including family members and acquaintances.
However, the Court of Appeal found these arguments unconvincing. It held that the explanation regarding third-party use of the phone was speculative and unsupported by concrete evidence.
The court also ruled that the presence of syringes and Azzopardi's drug dependency did not exclude the possibility that he was involved in supplying drugs.
After reviewing all the evidence, the court concluded that the prosecution had proven beyond reasonable doubt that the heroin was not intended for Azzopardi's exclusive use.
Sentence upheld
The appellant also challenged the severity of the sentence, arguing that it should be reduced and that he should benefit from alternative measures, including treatment through the drug court system.
The Court of Appeal, however, reiterated that it would only interfere with a sentence if it were manifestly excessive or wrong in principle.
"The sentence inflicted by the First Court falls well within the parameters of the law", the court said.
The court also took into account Azzopardi's criminal record and noted that he had previously been given opportunities to undergo rehabilitation, including a referral to a drug rehabilitation board. However, he failed to follow the prescribed care plan and did not successfully complete the programme.
The appeal was dismissed in its entirety, and the original judgment, including the six-month prison term and financial penalties, was confirmed. Judge Consuelo Scerri Herrera presided over the Appeals Court.