Man charged with aggravated possession of cannabis in 2007 fined €1100 for lesser offence

Konrad Cassar's unassisted statement to the police was declared inadmissible as evidence with the court also taking into account his efforts at rehabilitation

Konrad Cassar was cleared of aggravated possession of cannabis and instead found guilty of simple possession
Konrad Cassar was cleared of aggravated possession of cannabis and instead found guilty of simple possession

A man accused of aggravated possession of cannabis has been convicted of a lesser offence after his statement to police was declared inadmissible due to changes in the law.

Konrad Cassar was cleared of aggravated possession of cannabis, but found guilty of simple possession of the drug, as well as breaching a court-imposed condition.

Cassar had been arrested in 2007, at a third party’s residence in Qawra following a police raid. A search recovered several pieces of cannabis resin in his pocket. He was accused of aggravated possession in the light of the amount of drugs found as well as how it was divided into four packets of equal weight.

The man had since been on probation for a number of years and was attending drug rehabilitation.

Magistrate Natasha Galea Sciberras, presiding the court of Magistrates, observed that Cassar had been arrested in 2007, before the right to legal assistance during interrogation was introduced. Making extensive reference to the large body of established case law on this issue, she said that his statement was inadmissible as evidence in his case.

This meant that the only evidence left standing was the testimony of a police officer who had taken the substances from the man’s pocket.

The court also heard several probation officers and drug rehabilitation workers testify to the fact that the man had a strong drug problem, spanning the past 19 years and had sought help to tackle it, but had suffered relapses along the way.

The magistrate concluded that although the drugs were packaged in such a way as to raise a suspicion of it not being solely for personal use, on the other hand there was no other evidence in the acts leading to the moral conviction required at law, particularly in view of the fact that the man had a drug problem himself. For this reason the court said the first charge, that of aggravated possession had not been proved to its satisfaction and instead found him guilty of simple possession of the drugs.

On the second charge, that of breaching a condition of a previous sentence – for complicity in aggravated theft and criminal damage - the magistrate said that this had been proven.

In its considerations on punishment, the court ruled that the accused’s criminal record contained convictions for dangerous driving, several counts of drug possession, aggravated theft, breach of bail, fraud, misappropriation and falsification and use of falsified documents. He had been jailed for 2 years in 2016.

On the other hand, it also took into account the passage of time and the man’s attempts at rehabilitation which appeared to be bearing fruit. He was fined €100 for simple possession of cannabis and fined €1000 for breaching the suspended sentence.

Lawyers Mario Mifsud and Christian Camilleri were defence counsel.