A man was spared jail over an episode of drug trafficking committed 18 years ago.

The man, now 37, had subsequently rehabilitated, led a stable life, had a supportive family and even ran his own business, leading the court of appeal to converting his effective term of imprisonment into a suspended sentence. 

The case dates to 2004 when the police received information about a group of youths and their suspected drug activity in the vicinity of the Gardjola gardens at Senglea. 

Late on July 31, a police patrol checked out those public gardens and found nothing. But as the officers scoured the area beneath the Gardjola, they spotted some youths, amongst them the accused, who seemed to be trying to reach into a vehicle through an open window. 

They grabbed him and pulled him away. 

A personal search of the youth yielded some 25 ecstasy pills and a small piece of cannabis resin. 

Two of his friends were each found in possession of three ecstasy pills. 

All three faced separate criminal charges. 

A court-appointed chemist testified that the normal ecstasy dose was three pills per night. In this case, the accused had 24.5 pills, he said.

As for the brownish block found in his possession, the expert confirmed that it was 0.81 grams of cannabis resin that was roughly equivalent to three joints.

The accused opted to testify, explaining that all the pills found in his possession belonged to him and were in fact his weekend supply of drugs.

He insisted that at the time of the incident, he had been going through very bad times and he would consume some nine pills within the space of three hours. 

But that patch had lasted for a short time - he willingly kicked the drug habit and turned over a new leaf.

In 2015, the Magistrates’ Court handed him a 10-month effective jail term for trafficking ecstasy and cannabis as well as possession of the drugs in circumstances indicating that they were not intended solely for his personal use.

The accused’s lawyers appealed that conviction and in February 2020, the Court of Criminal Appeal, which had converted into a Drugs Court, referred the case to the Drug Offenders Rehabilitation Board in terms of the law.

When delivering judgment, the court, presided by Madam Justice Consuelo Scerri Herrera, observed that the appellant’s progress had been confirmed by a probation officer who testified in 2014 and also in 2019.

Since that 2004 incident, the man had gained stability in life, had a supportive family, no other court cases and even ran his own business. 

A family doctor also testified about how he used to treat and provide counselling to the accused. The patient, he said, used to complain of anxiety and insomnia.

Another medical professional testified that at present the accused made lawful use of medical cannabis upon the advice of his personal doctor.

In light of such evidence, the board declared that it was satisfied with the accused’s “great progress” and deemed his case “successfully closed.”

Madam Justice Scerri Herrera confirmed the conviction but observed that the offences were mainly attributable to the accused’s drug dependency at the time.

Eighteen years down the line, the man no longer abused drugs but used medical cannabis in a lawful manner and had integrated well into society.

Consequently, the court converted the 10-month effective jail term into a suspended sentence operative for two years and reduced the fine to €600 payable in €50 monthly instalments. 

The court also ordered payment of court expert expenses amounting to €504.39, as well as the destruction of the drugs.

Finally, the court ordered communication of the judgment to the Justice Minister to handle any necessary legislative amendments, especially in cases when the accused made lawful use of medical cannabis. 

Lawyers Franco Debono and Marion Camilleri were defence counsel.