Drug trafficker's sentence halved due to court's mistake

A mistake in handing down punishment has seen a convicted drug trafficker's sentence slashed almost in half on appeal. 

30-year-old Justin Zahra was convicted of trafficking and conspiracy to traffic cannabis resin in September 2007. Zahra was also found guilty of possession of cannabis resin, cocaine and ecstasy.

Zahra filed an appeal after being condemned to imprisonment for three years and ordered to pay a fine of €5,000, arguing that the First Court had failed to apply a reduction in punishment he was entitled to.

Judge Giovanni Grixti, presiding the court of criminal appeal, observed that Zahra's lawyer requested the prosecution to declare whether the man qualified to benefit from a reduction in punishment, but that due to an oversight, the request was registered in the name of his co-accused, who was eventually declared guilty of simple possession of ecstasy and conditionally discharged.

No such reduction in punishment was afforded to Zahra, who was jailed.

The judge concluded that the man had been entitled to a reduction in punishment as he had cooperated with the police, leading them to arrest the person supplying the drugs.

Zahra's appeal was upheld, with the court slashing his sentence from three years to one year, nine months and reducing the fine to €2,000 from €5,000.

Lawyer Edward Gatt was defence counsel.