Court rules drug arrest to be invalid

The arrest of a man in connection with a 700g heroin bust has been declared null after a court found the police did not have sufficient grounds to detain him.

Stefano Montebello, 39, was one of three men arraigned yesterday over a drug bust, when the police stopped a car in Buġibba full of packages that appeared to be cocaine and heroin ready to be sold.

The car was being driven by 50-year-old Pierre Cremona and Montebello was a passenger.

The police then searched a residence in Mosta where they also found the older man’s 24year-old son, Owen Cremona.

They also found a bag believed to contain some 700g of heroin, a Les Baer pistol, bullets and other drug-related paraphernalia.

All three men were charged with heroin possession not intended for their personal use, unlicensed possession of a firearm and recidivism.

All three pleaded not guilty

Pierre Cremona and Montebello were also charged with cocaine possession, while Pierre was separately charged with breaching previous bail conditions.

All three pleaded not guilty. Defence lawyers Franco Debono and Adreana Zammit objected to Montebello’s arrest because it did not satisfy all the requirements at law.

The police did not have a warrant to arrest him and he was not informed of the reason for his arrest.

Magistrate Rachel Montebello ruled that because the reasons for arrest were not disclosed, Montebello’s arrest must be declared illegitimate and she ordered his immediate release.

The court granted Owen Cremona bail against a deposit of €2,000 and a personal guarantee of €10,000. He was also ordered to observe a curfew and not approach civilian witnesses.

A bail request for Pierre Cremona was summarily rejected due to his criminal record.

Inspector Jonathan Pace prosecuted.