A former cannabis user who has undergone a “phenomenal change” since he was caught growing the plant eight years ago is to be judged by a magistrates’ court, thus benefiting from lower punishment in case of conviction.
The decision means John Busuttil faces six months in prison if found guilty, rather than the four-year minimum sentence that he faced if he was tried by a criminal court.
Prosecutors from the attorney general’s office had pushed to have Busuttil tried before the higher court, but had that decision rebuffed by the criminal court this week.
Busuttil was arraigned in July 2013, aged 33, after police discovered some 21 cannabis plants of varying height inside a garage he had rented to use for his growing operation.
The man, who had run into debts when his business failed, decided to start cultivating cannabis not only to support his own habit but also to sell the extra supply, to help him ease his financial troubles.
When police raided the garage, they discovered plants varying in height between 60 centimetres to one metre or so, supported by a lighting, irrigation and a fertilisation system.
A court expert calculated that the plants' "leaves without branches and roots" weighed 878 grams and that the “almost professional” set up yielded cannabis of 18% purity, valued at €20,474.96.
Yet the court, presided over by Madam Justice Consuelo Scerri Herrera, observed that this did not appear to be a case of cultivation on a commercial scale.
Busuttil had immediately told police that he intended to sell some of the cultivated plant to cover his debts, but not to make any profit.
No third party was involved and the accused had fully cooperated with investigators from the very start.
Moreover, the relative provisions of the Dangerous Drugs Ordinance were amended last year so that a jail term is no longer mandatory when it is proved that the drug was cultivated for the accused’s personal use.
Prior to the introduction of legal guidelines in 2014, the discretion as to whether a person was to be charged before the Criminal Court or the Magistrates’ Court in such circumstances, was totally in the hands of the Attorney General.
Turning to the case at hand, Madam Justice Scerri Herrera observed that other factors were to be taken into consideration when deciding upon which court was to hear Busuttil’s case.
One such factor was the lapse of eight years since proceedings first kicked off against the accused.
Moreover, a probation officer had confirmed that random urine tests by the accused had long tested negative to drugs.
And besides, Busuttil had registered a “phenomenal change” in his life, successfully completing University studies and working at Caritas in helping youths to tackle their drug problems.
In light of such considerations the court concluded that Busuttil’s case was to be heard by a magistrates’ court rather than the criminal court.
The court also ordered that a copy of the decree be served upon the Justice Minister so as to consider any necessary amendments reflecting other factors to be taken into account by the AG in the exercise of its discretion.
Lawyer Roberto Montalto is assisting Busuttil.