Steven Marsden - Malta

June 08

Background
Steven Marsden is a British national imprisoned in Malta awaiting trial since July 2006. Steven has committed no offence under Maltese law yet the prosecuting authorities refuse to acknowledge this and continue to detain him.

Steven was arrested on board a boat going from Sicily to Malta. On the boat were 50 000 pills believed to be ecstasy. However, the pills contained no MDMA (3,4-methylenedioxy-N-methylamphetamine), the chemical found in ecstasy . The pills are in fact called mCPP are sold as an ecstasy substitute of sorts, but contain nothing unlawful under Maltese law.

The charges were initially drug trafficking but were later changed to conspiracy, with the prosecution alleging that Steven had believed the pills to be ecstasy. The Maltese authorities determined this when he allegedly called the pills “ecstasy” during an interrogation at which they did not allow him legal representation. Steven claims to have known that the pills were not ecstasy.

Bail was initially granted in July 2006 but then revoked on application by the Attorney General (AG) and has since been repeatedly denied on the grounds that Steven might try to abscond and that the charges against him are serious. This was despite the fact that Steven has a friend in Malta who would have provided him with a residence and Steven having business and investments there. However, the court held that “these factors do not imply any solid and tangible links or ties to these Islands which might deter him from absconding.”
To make matters worse, the Maltese Embassy is reporting that Steven is actually suspected of being a member of a gang based in Malta and the UK and of heavily smuggling drugs on a larger scale. However, this has never been alleged by the prosecution and Steven has no previous convictions whatsoever. This has been raised in Court by the defence as a matter of great concern.
It is deeply worrying that the Maltese authorities insist on pursuing this case despite Steven having committing no offence under Maltese law. It seems that they are desperate to secure a conviction for something at any cost. The AG has a discretion to drop the charges but refuses to do so in this case. In fact at a bail hearing on 30 May 2008, the judge stated that if Steven pleaded guilty, the case would be dealt with in a matter of weeks and he would be able to return home. Steven now feels under great pressure to change his plea as the matter has already dragged on unnecessarily for almost 2 years.
Our concerns:
• Steven is incarcerated on drugs charges even after an expert verified that there were no illegal substances contained in the pills;
• Maltese law gives the Attorney General discretion in dropping charges. Even though the pills have been proven not to be ecstasy, the AG has not used his discretion and thus far refused to drop the charges;
• The prosecution in this case has continually postponed court proceedings, thus keeping Steven in prison for nearly two years while trial dates have been cancelled;
• Steven has been refused bail on several occasions on the grounds that he would fail to appear in court and would leave Malta. There is, however, no evidence to support this ruling. Mr. Marsden has no previous convictions and has close contacts in Malta, including a friend who offered her residence as a bail address;
• He is being pressurised into pleading guilty so that a conviction can be secured.