Woman cleared of smuggling heroin in underpants

A 46-year-old woman who was accused of smuggling heroin in her underpants into prison has been cleared of the charges after an appeals’ court ruled that even though she had admitted in her police statement, the drugs were not found.

Michelle Bugeja, 46, of Cospicua, stood charged of smuggling heroin into prison, and of supplying the drugs to an inmate on November 22, 2006.

The court heard that on the day, the woman went to prison for a contact visit with prison inmate Mario Buhagiar who was a drug addict, and hid a heroin package in her underpants.

Mr Justice David Scicluna heard that at one moment, correctional officers saw the woman grabbing Buhagiar’s hand and placing it inside her underpants. Upon spotting the accused pass the drugs, correctional officers entered the room to investigate; Buhagiar had something in his hand and swallowed it.

Buhagiar was subsequently taken to Mater Dei Hospital for tests while, Bugeja was held for further questioning.

During her police interrogation, Bugeja admitted in her police statement that she had in fact smuggled heroin

However, when Buhagiar was taken to hospital for tests, doctors found nothing inside his body. Consequently, defence lawyer Roberto Montalto argued that his client should be acquitted because the alleged sachet containing the drug was not found, and there was no evidence, except for her statement.

Moreover, the defence said the statement should be declared inadmissible because his client was not accompanied by a lawyer.

While rejecting the defence’s request to declare the statement inadmissible, the appeals’ court nevertheless, argued that the accused shall be acquitted of the charges because there was no evidence that the package Correctional Officers saw Buhagiar swallowing was in fact heroin.

Consequently, Mr Justice David Scicluna argued that it could not understand how the accused should be found guilty of drug trafficking and of supplying heroin to the inmate.

Lawyer Roberto Montalto was defence counsel.