Cannabis grower's case to be decided by magistrate, not judge

A man charged with drug trafficking after growing large amounts of cannabis at his home will be judged by the Court of Magistrates, not the Criminal Court, with the judge ordering that the justice minister be given a copy of the decision to see whether the law needs changing.

John Busuttil from Santa Venera had pleaded not guilty to drug trafficking charges in 2013 after the police seized 21 cannabis plants from a sophisticated hydroponic growing system he had built at home. The drugs seized weighed a total of 878 grams.

Busuttil had told the police that he was growing the plants with the intention of selling them, but the court was told that he had released his statement without his lawyer present.

Assistant Police Commissioner Dennis Theuma, at the time an inspector of police, had told the court how Busuttil invested in a hydroponic system costing around €1,000. Through the use of this technology which relies on water rather than soil as a substrate, the cannabis grows quicker and is of better quality, the court was told.

But the court said that it must be stressed that it was not an industrial set-up, although it was sophisticated. It was used to satisfy the accused’s marijuana habit as well as to finance some of his debts. Busuttil had cooperated with the police.

“This court believes that as …guidelines are only indicative, the passage of time from when proceedings were started as well as the reform of the accused are amongst the factors which must be taken into consideration.”

Eight years had passed since Busuttil’s arrest, during which time he had always passed the random drugs tests administered by his probation officer and had completed a Youth and Community Studies court at university. He was working with Caritas to help young people address their drug problems, the court had noted.

The court said it could not fail to make reference to the amendments currently being made to drug laws in Parliament, which removed compulsory imprisonment for offences such as Busuttil’s.

Madam Justice Consuelo Scerri Herrera, after seeing the acts of the case, upheld the accused’s request and ordered that the case be decided by the Court of Magistrates instead of the Criminal Court. The judge also ordered that a copy of the decree be notified to the minister of justice to see whether there was a need for an amendment to the Dangerous Drugs Act to reflect other considerations that the Attorney General must take into account in exercising his discretion as to whether a case is to be tried by a judge or a magistrate.

Lawyer Roberto Montalto assisted Busuttil.

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