Two British nationals caught with 180 grams of cannabis have argued that the drug was prescribed to them by doctors and for their personal use. 

Matthew Simon Gilmartin, 37, and John Conor Donnelly, 35, pleaded not guilty to cultivation and possession of cannabis when they were arraigned on Saturday. 

The two gaming workers, one of whom suffers from fibromyalgia, had apparently relocated to Malta due to its favourable climate and cannabis laws, defence lawyers explained in court. 

Yet they had landed under arrest after police searched their apartment and discovered some 180 grams of cannabis grass as well as several cannabis-based products, which they claimed to use as treatment for medical conditions. 

One of the men’s defence team, Alex Scerri Herrera, who was involved in the drafting of cannabis legislation, pointed out that in such cases, the intention of the legislator was not to impose punishment. 

It was unjust for two honest EU citizens to face prosecution for cannabis possession when the drug was clearly for personal use and particularly when local authorities are seeking to decriminalise possession of the drug in such circumstances, he argued. 

After hearing submissions by both parties the court, presided over by magistrate Ian Farrugia, upheld the defence’s request and granted both accused bail against a deposit of €1,000 and a personal guarantee of €2,000 each.

Inspector Alfredo Mangion prosecuted.
Lawyers Michael and Lucio Sciriha, Matthew Xuereb and Alex Scerri Herrera were defence counsel.