Prison is handbag thief's last chance to beat drug addiction, court says

A court has dismissed an appeal filed by a man who had been convicted together with his twin brother of stealing handbags from elderly women, saying that incarceration was his last hope of overcoming his drug addiction.

Stephen Cassar, 35, from Qormi, had been arraigned in court in December 2019 together with his brother Gordon, accused of aggravated theft and recidivism.

Both brothers had pleaded guilty and had been sentenced to two years in prison, as well as being ordered to return the cash and items stolen from their victims.

Stephen Cassar had filed an appeal, arguing that the court should have converted itself into a drugs court and asked that the Court of Criminal Appeal impose “a more equitable and just punishment.”

Cassar claimed that among other things, his 100% attendance record with a court-appointed social worker and his forthcoming admission into a Sedqa residential drug rehab showed that he was intent on, and committed to, overcoming his drug habit.

He also argued that his punishment was not equitable or just, submitting to the court that the justice system was more inclined to reforming a convicted person than imprisoning them.

But Madam Justice Consuelo Scerri Herrera, deciding the appeal, noted that various professionals who had treated the accused had said that he was not capable of overcoming his problems on the outside and recommended containment to allow him to begin a drug rehabilitation programme.

He “had not shown will or interest in helping himself,” said the judge, observing that he was not always cooperative in attending drug testing appointments and had tested positive for drugs on a number of occasions.

In this case, the court said, it had to protect the general public from the accused, who had no interest in overcoming his drug addiction and who posed a real risk of reoffending if released.

Furthermore, there was a prospect of success in treating his addiction, if the accused was detained at Corradino Correctional Facility, said the judge. “In certain circumstances, detention can beget more reform than alternative punishments,” stated the court.

Citing its experience of various success stories relating to drug rehabilitation from prison, the court said this was the accused’s “last hope” of recognising his drug problem and accepting help with it.