Appeals Court confirms minor's acquittal

A Court of appeal confirmed the acquittal of a minor charged with drug possession. The judge made the ruling after finding that the only evidence against the accused was a police statement taken from a minor without any form of legal assistance.

The Court rejected a request by the Attorney General to revoke a non-guilty verdict, and upheld the judgement of the first court which acquitted the youth of drug possession.

The youth, now 24 years old, was charged with having been in possession of Cannabis resin and ecstasy pills in February 2006, when he was still a minor. Two years ago, the youth was acquitted after the Court of Magistrates ruled that his statement released to the police was to be ignored, as the youth was a minor and was not offered any legal assistance at interrogation stage.

In his statement, the accused had admitted to drug possession. The Attorney General appealed the judgement stating that the Court should again analyse the evidence and find the accused guilty as charged.

The AG's appeal held that the youth had admitted to possession voluntarily and without being told what charges would be levelled against him. When officers asked the accused if he had a drug problem, he replied in the negative yet he had taken ecstasy and smoked Cannabis on the previous day.

"Furthermore, the statement was in line with the legal terms at the time and the Court of Magistrates was simply bound to judge whether or not the accused was guilty based on the exhibited evidence," the appeal read. At the time the law did not contemplate the right to legal assistance at pre-trial stage. 

Mr Justice Antonio Mizzi held it is a principle of jurisprudence that a Court of Appeal would not disturb the analysis of evidence conducted by the first court, unless there was evidence that can lead to a different judgement. "The Court of Appeal will not simply overturn a judgement but is obliged to go through the exhibited evidence and confirm whether the judgement was based on valid reasons", the court said.

"The appellant cannot rely on the fact the police observed the law at the time. Since then the law has been radically changed and reasons valid two years ago today mean nothing. The only evidence against the accused remains a police statement taken from a minor without any form of legal assistance", the judge said. Based on case law and previous decisions of the Constitutional Court, the conclusion of the first court was more than valid. Mr Justice Antonio Mizzi confirmed the youth's acquittal.

Lawyers Franco Debono and Marion Camilleri appeared for the accused.