Prosecutors have made fresh charges against Jordan Azzopardi, but witnesses who had already testified will not need to be reheard, a court decided on Wednesday.
Seven months after the start of the compilation of evidence in which the court had heard an endless list of witnesses, the prosecution announced in court this morning that they were issuing fresh charges against Azzopardi.
The new charges relate to money laundering as well as promoting an organization with a view to committing criminal offences.
29 year-old Azzopardi, an alleged drug kingpin, was escorted to court on Wednesday under high security, alongside his 31-year old girlfriend and mother-of-five, whose name has been banned from publication by the courts to protect her children.
Azzopardi had been arrested in March and charged with a vast array of offences, ranging from drug trafficking and aggravated possession of cocaine, heroin and cannabis to criminal conspiracy and circulation of fake cash, fraud, weapons charges and threatening and injuring a man. He is also accused of breaching his bail conditions.
Lawyer Franco Debono said he had not been informed of this, before challenging the unusual practise and highlighting that the accused had not been notified of the additional charges.
Nor were the fresh charges issued under the Attorney General’s signature, in terms of section 435 of the Criminal Code which provided that when the AG became aware of “some other offence not included in the inquiry” he was to send back the records to the court and shall make his demand “in writing,” said the lawyer, pointing out that only the signatures of the three prosecuting police inspectors were present.
Magistrate Doreen Clarke had been asked to authorise the addition of the charges by a correction to the charge sheet. But Debono said that once fresh charges are issued, the proceedings “technically went back to the arraignment stage,” he said. This involved the accused being asked to confirm his personal details and his plea once again.
After retiring to chambers to consider the issue, the magistrate resumed the sitting with a decision in which the court declared that since the procedure under section 435 had not been followed, the prosecuting officers were to confirm the amended charges under oath.
Azzopardi, who had denied the initial charges, also pleaded not guilty to the new charges.
The compilation of evidence was put off till December.
Inspectors Mark Mercieca, Justine Grech and Nicholas Vella prosecuted, assisted by lawyers Elaine Mercieca and Ann Marie Cutajar from the AG’s Office.
Lawyer Amadeus Cachia was also defence counsel.
