Steve Marsden, a 48 year old Englishman, was sentenced to 25 years in prison and fined €60,000 for conspiracy to import 50, 000 pills of ecstasy in the summer of 2006.
At one point, his lawyer, Joe Brincat, had described the court proceedings to the BBC as a ‘juridical farce’.
It all began on the night of the World Cup final in 2006, when Mardsen acting as a LM 5,000 courier job was caught with 50, 000 pills well hidden in his car. It took the Police well 10 hours to find them.
He said he hid the pills for fear of being stolen from the car.
At the time, it was deemed as to be the biggest haul of ecstasy ever uncovered on the island. However, two months down the line, the drugs were found not to be ecstasy but MCPP, a psychoactive substance used as an alternative to ecstasy sold to clubbers, which at the time were not outlawed.
It only became so in 2007.
Subsequently, the charges from importing and pushing drugs were changed into conspiring to deal in ecstasy.
Which the on-line dictionary defines ‘conspiracy’ as:
Law: An agreement by two or more persons to commit a crime, fraud, or other wrongful act.
Or as, the Court of Criminal Appeal, presided over by Chief Justice Vincent Degaetano, Mr Justice David Scicluna and Mr Justice Joseph Micallef, puts it:
“A person may be found guilty of, say, conspiracy to import heroin into Malta even though the stuff he eventually brings into Malta turns out to be baking powder. It all depends on what was actually agreed upon between the conspirators and, more specifically, on the object of the conspiracy”.
Marsden’s argument was that since the drugs were not illegal the “charge as it stands is an invention of the Attorney General in his unfettered right to charge as he deems fit”.
Marsden insisted during the trial that he had done nothing illegal at the time.
It was then left to the jurors, whose hardest decision in life is the weekly grocery list, to decide whether the drugs were ‘fake’ or not.
However, from his arrest in 2006 to the jury’s decision, two years elapsed in which Marsden was left in the dark. To be fair, bail was granted in July 2006 only to be revoked on application by the Attorney General and repeatedly denied on the grounds that he might flee the country.
The case was then taken up by the Fair Trials International, an international NGO working for fair trials according to international standards of justice, and then carried out in the media by the BBC and later by the Maltatoday.
The Maltatoday carried out two articles, that I know about, one by James Debono and another, an opinion piece, by Raphael Vassallo.
Marsden lawyer, Joe Brincat, in a BBC interview had said, ‘I have been practising in the criminal courts for the last 38 years and Mr Marsden’s case is a parody of justice.’ In the meantime Marsden’s daughter, Emma Bartholomew, from Bristol, was campaigning for his release.
The trial only started on the 5th of January of 2009 and ended three days later, on the 8th, with 8 – 1 of the jurors finding his guilty of conspiracy of importing ecstasy; which was translated into 25 years in jail and a fine of €60,000 by the court.
The head of the Prosecution Unit at the Attorney General’s Office, lawyer Anthony Barbara said to the court, ‘these visitors are trying to take advantage of Maltese hospitality.’
I can already see Mr. Barbara’s uttering the words, with his eye fixed on some invisible horizon behind the jurors – to an imagine of a smiling young couple with two children, boy and girl, giving away to a picture of Mdina in Spring.
Marsden is appealing the judgment arguing ‘that no evidence which could support a conviction according to law had been presented.’
(main article of the text)