Two remanded in custody over 2006 drug bust

Brian Fenech, 39 and 45-year-old Eligio Zerafa, both of Marsaxlokk, were remanded in custody after pleading not guilty to associating themselves with others with the intent to traffic 10 kilos of Cannabis resin, eight years ago. 

Prosecuting inspector Pierre Grech told the court that acting on new information, the police arrested the two men over a drug bust on 3 May 2006. Fenech was also charged with relapsing and committing an offence in the term of a suspended jail sentence. 

The defence counsel challenged the arraignment under arrest, claiming that the offence happened eight years ago and there was no need for the accused to be taken to court under arrest. The defence lawyers also requested bail for the accused.

The prosecution opposed the request, fearing the tainting of evidence or that the men could approach the witnesses.

Appearing for Zerafa, Lawyer Franco Debono argued that there was no reason why the accused should not be granted bail. "Fearing for the witnesses, why did the prosecution not summon them today, rather then simply arraigning the accused and leaving evidence for another sitting?" the lawyer said. In the case of foreign witnesses, these are brought to the stand and then the accused is given bail, yet the same approach is not applied to Maltese citezens, Dr Debono argued.

The lawyer asked the prosecuting officer to quote the act of law which precludes the prosecution from summoning witnesses at the same sitting as the arraignment.

However, Magistrate Marsanne Farrugia, denied the bail request and remanded the accused in custody.

Dr Veronique Dalli appeared for Brian Fenech, while lawyer Franco Debono appeared for Eligio Zerafa