The court of Appeal acquitted Jeanne Pierre Abdilla of drug trafficking after a 2009 trial by jury had found him guilty of the same charge. However the Justice David Scicluna, Justice Joseph Zammit McKeon and Justice Abigail Lofaro did not alter the sentence handed at the trial.
The 37-year-old former police officer was in December 2006 charged with conspiring to traffic over a kilo of heroin. Abdilla was found guilty and handed a 16-year-jail term and fined €40,600.
The Court of Appeal held that the punishment was not altered as the man was also convicted of trafficking half a gram of heroin, drug possession, keeping protected birds in a freezer and attempting to corrupt a public officer. The 16 year jail term is within the parameters mitigated by the legislation.
The court pointed out that the jury did not understand neither the Judge's address nor the evidence given by the accused himself. For the charge of conspiracy, the prosecution has to prove that two or more people have to agree to traffic illegal substances. The agreement has to include the methodology and the plan for the crime to be committed. In this case the two men were Jean Claude Agius and the accused, however Agius never had the intention to traffic but simply to help the police in their investigation. Agius's aim was to supply information to the police, in order to benefit in his other court case.
Hence, jurors could not find Abdilla guilty of conspiring to traffic drugs, as he never associated himself with other people with that intent. If the evidence given in court is to be believed, Agius simply asked to purchase drugs from Abdilla. In this case the offence was not committed as there was no agreement on how the drug is to be purchased or trafficked.
The court continued that even id this was explained in detail to the jurors, it is clear that they understood nothing of what was told to them. This was proven when they found Abdilla guilty of association to traffic drugs with seven votes against two. The jury concluded on 3December 2009, where Abdilla was convicted of attempting to corrupt immigration officer Josephine Tonna and four charges related to the keeping of protected birds and reptiles.
Abdilla had resigned from the Police Force in the course of investigation of his case.
The Court of Appeal, acquitted Abdilla of the charge of conspiring to traffic drugs and upheld all other convictions. The court did not alter the 16 year jail term nor the €40,600 fine handed down at the trial by jury.
Defence lawyer Edward Gatt is expected to file a Constitutional Case requesting that the punishment is changed according to the change in court decision.