Drug abuser convicted on appeal, conditionally discharged

The Court of Appeal, president by Judge Lawrence Quintano, has found a 28-year-old man guilty of drug possession and handed him a three-month conditional discharge sentence.

Justin Joseph Darmanin, of Dingli, was a familiar name to the police, having already been convicted and jailed over other offences.

But seven years ago, Darmanin was interrogated by the police after he was found to be in possession of ecstasy in the summer of 2007.

Taking the witness stand, Inspector Pierre Grech said Darmanin had been cautioned and given the right to remain silent. During interrogation the accused released two statements: the first time he denied taking any pills but after some more pressing by the police, Darmanin admitted to telling a previous officer he had taken ecstasy pills.

According to Grech, Darmanin however concluded his first statement by saying he had not been aware of what he said when he admitted to taking the pills.

In a second statement released moments later, requested by Darmanin himself, the man admitted to taking two pills. He also told the police he had abused of ecstasy two months before.

On 27 November 2012, the man was acquitted of drug possession when the court ordered that his statement is removed from the acts, as he was not given the right to legal aid at interrogation stage.

The Attorney General appealed judgement arguing that the accused had admitted his guilt in the statement he had released to the investigators. The Office of the AG argued that Darmanin was not a vulnerable person and the police had not breached his rights.

Inspector Grech said that, while in police custody, Darmanin the man looked concentrated and in a clear state of mind.

“Those who are under the effect of substance abuse are sent to the hospital and not held for interrogation,” the officer said.

The Court of Appeal ruled that, at the time of the offence, Darmanin was a mature man who had already been convicted and jailed over other offences.

“He was well aware of the investigation procedures and well versed in giving police statements. He cannot be described as a vulnerable person, and none of his rights were violated,” the Judge rule.

Quintano revoked the judgement of the first court and found the accused guilty of drug possession.