Jail term for drug possession commuted to fine

Man convicted of drug possession has his jail term turned into a €600 fine on appeal.

Vincent Attard had a four-month jail term turned into a €600 fine on appeal, after the defence argued judgement should be a means of helping the accused to change his ways and not a way to deliver retribution.

Inspector Denis Theuma had charged Attard with being in possession of heroin. The case dates back to 27 February 2007. Five years later, on 30 November 2012, a Court of Magistrate convicted Attard and handed him a four-month jail term. He appealed judgement.

The convicted argued that the police had simply found traces of heroin. The amounts were so diminutive that the investigators could not weigh the drug. Searching the accused’s apartment, the police found pieces of foil with traces of white dust in them. Experts confirmed the dust to be heroin.

The defence counsel said that in similar cases, the aim of the punishment is to reform and offer help to the convicted and not as a means of punishment and retribution. Attard is a resident at the Mount Carmel Hospital where he received medical help for various personal issues.

Justice Lawrence Quintano upheld the appeal, revoked the four-month jail term and fined Attard €600. The court granted the accused five months to pay the fine.