Letters • December 14 2003

Illogical and unfair drug charges

Jean Agius
Attard
In our courts of Justice, when it comes to the weight (quantity) of drugs found by the police (or customs), it is what the court’s forensic experts say that should count and not what the police state on the charge sheet throughout the trial. This is wrong and unfair.
In order to have a fair trial, therefore, it is imperative that the police charge sheet is rectified ‘automatically’ to the exact quantity (weight) as found by the court’s forensic experts. There have been cases where ‘drug users’ were unjustly tried and imprisoned because of unfair procedures.
The police tend to keep to their original charge regarding the quantity found. The ‘charges’ must be rectified according to the new finding by the forensic departments.
Even when the Defendant’s lawyers try to emphasise this point with the magistrate, before and during the end of the trial, the magistrate still seems to ignore this point and thus sentencing is heavy.
There were cases where the police said on the charge sheets that they found say: 100gms of drugs and the forensic said it was 20gms only and the defendant got 3 years or 4 years imprisonment.
The real, true, amount (quantity) of drugs found by the forensic must be put on the charge sheet throughout the trial in order to get justice and fairness in the courts.