Issue link: https://maltatoday.uberflip.com/i/1543413
7 maltatoday | WEDNESDAY • 25 FEBRUARY 2026 NEWS Ex-inmate with 39-page criminal record handed suspended sentence AN ex-inmate was handed a suspended prison sentence af- ter a court found him guilty of simple possession of narcotic pills while he was incarcerated at the Corradino Correctional Facility. He was also found of bringing a prohibited item within prison boundaries, namely controlled psychotropic pills. 54-year-old Joseph Camilleri was serving a separate prison sentence at the time of the in- cident. Surprise cell search The court heard that on 25 September 2010, prison staff carried out a surprise search on Camilleri in his cell. Officers found a plastic bag in his trou- ser pocket containing 24.5 tab- lets marked "DHC" and 28 tab- lets marked "CF." Police were subsequently informed and an expert was appointed to analyse the tablets. The expert pharmacist re- ported that the 28 white round tablets were Noctamid, a psy- chotropic controlled substance while the 24.5 white oval tablets were Dihydrocodeine, a nar- cotic dangerous drug. Social Inquiry Reports pre- pared by probation officers showed that Camilleri had struggled with drug addiction for years. However, the court also noted that he later under- went rehabilitation after fol- lowing a programme offered by Caritas. He was referred to the Rehabilitation Board for Per- sons Caught with Drugs, and it resulted that he successfully completed the rehabilitation process. A central issue in the case was the probative value of a state- ment Camilleri gave during the investigation stage. The records showed that Camilleri gave a statement after receiving the usual caution, but without the right to obtain legal advice before interrogation and without the right to be assisted by a lawyer during interroga- tion. At the time, Maltese law did not yet provide for both safe- guards. In a sitting held on January 2019, the defence requested the statement be excluded in light of case-law concerning the ab- sence of legal assistance during interrogation. Referring to local constitutional jurisprudence, the court held that while there may not necessarily have been a breach at the earlier stage, a breach could arise if such a statement remained part of the criminal proceedings. The court therefore excluded the statement, along with any al- leged verbal admissions and any parts of police testimony that referred to them. The court noted that no con- trol card was produced to justify lawful possession, and it there- fore found that Camilleri pos- sessed the narcotic substance illegally. However, the court also ob- served that at the relevant time Camilleri had a serious drug de- pendency. Aside from the quan- tity of tablets, which the court said did not necessarily point to aggravated possession, there was no additional evidence proving an intent to traffic. The tablets were found in one single bag, and Camilleri was alone in his cell. In view of these circumstances, the court held that doubt had to operate in Camilleri's favour and convict- ed him of simple possession, not aggravated possession. The court also found the second charge proved, since Camilleri was an inmate at the time and the prohibited items were brought within prison boundaries. Camilleri was also charged with recidivism and subse- quently acquitted after the court held that the prosecution failed to produce certified cop- ies of the judgments allegedly rendering him a recidivist. The court stressed that it could not rely solely on the information contained in the criminal re- cord but required formal proof through authentic copies of the relevant judgments. In determining punishment, the court took note of Camill- eri's extensive criminal record, having no less than 39 pages, including aggravated theft and drug possession convictions. At the same time, the court ac- cepted that the offences were principally linked to his drug dependence and recognised his later rehabilitation and reform. While underlining the serious- ness of the offences, the court concluded that a suspended prison sentence was appropri- ate, particularly because the conviction was for simple pos- session. The court imposed a sentence of seven months' imprisonment suspended for 18 months, to- gether with a fine of €200. The accused was placed under a two-year supervision order under the guidance of a proba- tion officer. The court also or- dered the accused to pay €376.2 in expert costs. Camilleri was also acquitted in January in a different case in- volving aggravated drug posses- sion, after the court found the prosecution failed to prove its case beyond reasonable doubt, citing the absence of scientif- ic confirmation that the sub- stance was cocaine and a lack of conclusive proof linking it to Camilleri. The case was prosecuted by Inspector Spiridone Zammit. The judgment was delivered by Magistrate Caroline Farrugia Frendo. Accused convicted of simple possession of narcotic pills and for bringing into the prison psychotropic pills, a prohibited item, while incarcerated MAYA GALEA mgalea@mediatoday.com.mt Corradino Correctional Facility (Photo: James Bianchi/MaltaToday)