Former police officer acquitted of drug trafficking charges

The Court of Appeal acquitted former police officer Jeanne Pierre Abdilla of drug trafficking charges after he was found guilty in 2009. However, Justice David Scicluna, Justice Joseph Zammit McKeon and Justice Abigail Lofaro did not alter the sentence.

Abdilla, 37, was charged in December 2006 with conspiring to traffic over a kilo of heroin. A trial by jury found him guilty and he was handed a 16-year-jail term and fined €40,600.

Abdilla was also convicted of trafficking half a gram of heroin, drug possession, keeping protected birds in a freezer and attempting to corrupt a public officer.

The Appeals Court acquitted Abdilla of the charge of conspiring to traffic drugs and upheld all other convictions.

The 16-year jail term was not altered as it is within the parameters mitigated by the legislation, the Court argued.

The court pointed out that the jury did not understand neither the Judge's address nor the evidence given by the accused himself.

For the charge of conspiracy, the prosecution has to prove that two or more people agreed to traffic illegal substances. The agreement has to include the methodology and the plan for the crime to be committed.

In this case the two men were Jean Claude Agius and Abdilla. However, the court said, Agius never intended to traffic but to supply information to the police, in order to benefit in his other court case.

Hence, jurors could not find Abdilla guilty of conspiring to traffic drugs, as he never associated himself with other people with that intent.

If the evidence given in court is to be believed, Agius simply asked to purchase drugs from Abdilla. In this case the offence was not committed as there was no agreement on how the drug is to be purchased or trafficked.

The court continued that even if this was explained in detail to the jurors, it is clear that they understood nothing of what was told to them.

This was proven when they found Abdilla guilty of association to traffic drugs with seven votes against two. The jury concluded on 3 December 2009, where Abdilla was convicted of attempting to corrupt immigration officer Josephine Tonna and four charges related to the keeping of protected birds and reptiles.

Abdilla had resigned from the Police Force in the course of investigation of his case.

Defence lawyer Edward Gatt is expected to file a Constitutional Case requesting that the punishment is changed according to the change in court decision.