Pharma employee in the dock over messages offering cocaine to addict

An employee at a local pharmaceutical and medical equipment supplier has denied offering to sell drugs to a vulnerable young woman through an online messaging app.

Rishuf Jo, 27, an Indian national residing in Luqa, was arraigned before magistrate Nadia Helena Vella on Friday accused of offering to procure cocaine for third parties, as well as trafficking cannabis.

Police Inspector Mark Mercieca explained to the court that the police had launched an investigation after receiving a report from the worried father of a young woman who was currently following a drug rehabilitation program, who told the police that the defendant was offering her cannabis and cocaine.

But a police surveillance operation observed nothing suspicious, and neither was anything incriminating found when the police executed a search warrant at the residence Jo shared with many others yesterday.

However, as the suspect had allegedly been communicating with his clients through a messaging app, the police also inspected his phone. Noticing that the defendant had deleted the app before his arrest, the officers ordered him to download it again, at which point a flood of incriminating messages were automatically re-downloaded onto the device.

This revealed that he had been in communication with the young woman, a cocaine addict who, unbeknownst to him, was in rehab. Jo had messaged the woman to ask whether she wanted to buy any drugs from him, which the inspector explained, is a crime in itself.

While under arrest, Jo had released a statement to the police in which he admitted to having offered to sell drugs to the woman, whom he knew was an addict, after a period of non-communication, but claimed that he was “just trying to restart the conversation.”

Jo’s defence counsel, lawyer Martin Farrugia informed the court that his client would be pleading not guilty to the charges, also requesting bail.

Prosecutor Julian Scicluna from the Office of the Attorney General, objected to the bail request, due to there being a number of civilian witnesses yet to testify. The identities and some of the addresses pertaining to these witnesses were known to the accused because he lived in their neighbourhood, Scicluna said.

The prosecution also objected to bail on the grounds of the risk of the man absconding, as he was charged with offences which were punishable by up to 10 years in prison, with no prospect of that sentence being suspended.

Farrugia counter-argued that the communication in question had been through a messenger platform which kept a cloud-based record “which cannot be altered in any way by anyone.”

“There is a digital stamp which will remain in existence forever, so there is no risk whatsoever of this evidence being tampered with by the defendant,” argued the lawyer.

The court also had plenty of tools available to mitigate the risk of absconding, Farrugia added. “It is already very clear to me that we are dealing with a de minimis matter, a very foolish message, absent criminal intent.”

The lawyer framed the man’s chat history as “a monologue by someone trying to elicit a reaction.”

“He sent one foolish message which landed him here,” said the lawyer, arguing that it would not be proportionate to remand the defendant in custody because of this.

Pointing to the man’s attempt to delete the messages, the prosecution said this indicated the defendant’s intent to tamper with the evidence, adding that the proximity of his residence to that of the primary witness made it even more likely.

“The law is quite clear, that even attempting to procure and offer these illicit substances is a crime in and of itself, and so it is not a de minimis offence,” Scicluna hit back.

“It is foolish, but is it criminal? I don’t think so,” insisted Farrugia, describing the defendant as “a lonely person, trying to break the ice.”

Inspector Mercieca informed the court that the defendant worked at a pharmaceutical company, which he described as “one of the main headaches for the police, because it meant that it is easier for him to supply certain substances to third parties.”

After reflecting on the submissions for several minutes, the court acceded to the request for bail, warning the man that he must observe his bail conditions scrupulously.

Jo was prohibited from contacting the young woman in question in any way, as well as being ordered to sign a bail book every day and observe a curfew.

Bail was secured by a €500 deposit and a €5,000 personal guarantee.

“I need you to understand that if you breach any of these conditions, you will be forfeiting the amount of €5,500 and will also be re-arrested,” explained the magistrate.

But although bail was granted, the defendant is expected to remain in police custody until Monday, as he was unable to pay his deposit before the courthouse’s administrative office closed for the weekend.