Man Acquitted Of Cocaine Possession After Court Flags Major Evidence Inconsistencies
A 54 year old man from St Paul’s Bay has been cleared of cocaine possession after a court ruled that police failed to prove the drugs found in his car actually belonged to him, highlighting several inconsistencies in how the evidence was handled.
James Farrugia, who works in the Paceville security industry, was stopped by anti drug officers in the Baystreet car park on 3rd December 2016. Police said they found a Dunhill cigarette packet on the front passenger seat containing five sachets of white powder later confirmed as cocaine.
But during the case, officers gave conflicting testimony about the packaging of the drugs. Some insisted the sachets were discovered inside a Dunhill packet, while the forensic expert was instead handed a Vogue cigarette packet placed inside a Dunhill one. No police officer recalled finding a Vogue packet at the scene.
The court said this discrepancy created serious doubt as to whether the exhibit analysed in the lab was the same one allegedly recovered from the car.
Farrugia always denied the drugs were his, claiming someone with a grudge had planted them in his vehicle. A court appointed locksmith expert supported this possibility, testifying that the 40 year old Datsun had a worn driver side lock that could be opened with a flathead screwdriver or similar object, meaning anyone could have accessed the car.
The court also examined older police reports documenting threats and disputes involving the accused, suggesting potential hostility from third parties.
A search of Farrugia’s home uncovered no scales, cash or drug related tools. While not definitive, the court said this supported the defence’s argument when considered alongside the rest of the evidence.
An ex sergeant formerly stationed in St Julian’s added that Farrugia often acted as an informal police collaborator, passing information to officers during nightlife patrols, which the defence argued could have created enemies.
Although the court noted that Farrugia had driven from St Paul’s Bay to Baystreet without noticing the packet, it accepted his explanation that the Dunhill packet resembled the brand he smoked and did not appear suspicious.
Ultimately, the court ruled that prosecutors did not eliminate the reasonable possibility that someone else had accessed the car and left the packet there. With the inconsistencies in evidence and the legal threshold for the defence met, the court held that guilt had not been proven beyond reasonable doubt.
Farrugia was acquitted of all charges.
The case was presided over by Magistrate Caroline Farrugia Frendo. Lawyers Joe Giglio and Michaela Giglio represented the accused.
READ NEXT: 14-Year-Old To Appear In Court Over School Stabbing
