State Court Alicante acquitted a 71-year-old woman who was accused of drug trafficking after receiving a package that resembled a parcel at her home. The authorities alleged it contained kilos of cocaine, tied to a former tenant who had rented a room. The defendants were acquitted, and their lawyer, Francisco Miguel Galiana Botella, faced a six-year prison sentence, but the Third Chamber ruled there was insufficient proof that the drugs were sent to the defendant with the intent to distribute or sell them later.
Following the acquittal, which can be appealed, the defense counsel intends to sue the State for the 56 days the woman was held in precautionary detention.
The proven facts in the court decision trace back to the detection of a suspicious package in the warehouse of an apartment building on June 6, 2019, at Barajas airport air cargo hub. The package, weighing 1,905 grams gross, originated from Costa Rica. X-rays showed an intensity that raised suspicion of drug content due to its coloration.
The package was inspected with prior permission from the airport Customs office, and a small sample of a whitish liquid substance was extracted, which tested positive for cocaine in a narcotics test.
The recipient of the package had a residential address in Alicante, and the Education Court No. 41 of Madrid authorized the controlled delivery of the mail package by the Civil Guard.
controlled delivery
Thus, the Civil Guard organized the controlled delivery for June 11, 2019, with a secret agent wearing a post office uniform. The other three handlers proceeded to the arrival building, accompanied by a civilian guide, and after knocking on the door, the accused opened. He is now acquitted. The individual posing as a postman claimed that he had a package on behalf of the woman and that, after the defendant stated that the shipment belonged to his name, he would manage it, claiming authorization and asserting that no problems would arise.
While signing for the package, authorities proceeded to secure the package, and the following day, in Alicante No. 4 Instruction Court, it was decided that the ballot box be opened in the presence of the magistrate, the judicial lawyer, the defendant, his defense counsel, and Civil Guards. Inside they found four pocket flasks, several postcards from Costa Rica, and some pendants. The substances contained in the bottles were identified as 957.3 grams of cocaine with a purity of 67.4%, with an estimated illicit market value exceeding 87,000 euros.
At the hearing, the defendant stated that she was unaware of the package contents and that it was common for items to be delivered to her home because she had rented a room from a former tenant who did not testify at trial. The court noted that despite the suspect’s questionable behavior—insisting on receiving a package not in her name—there was not enough additional evidence to convict.