Lawyer asks court to have client benefit from ‘imminent decriminalisation’

A Macedonian woman has been conditionally discharged for six months after a court held that she could not benefit from her lawyer’s impassioned defence, in which he argued that she should benefit from the imminent decriminalisation of cannabis possession.

Elena Zdravkovska, 28, was arraigned under arrest before Magistrate Giovanni Grixti this morning, following her arrest for smoking a joint with a male companion at her hotel room yesterday evening.

Inspector Caroline Fabri told the court that the accused had been found smoking in the toilet of the hotel, together with a male companion.

When a search was conducted, foil and other drug paraphernalia had been found on the woman’s person and she was arrested on suspicion of drug possession.

But legal aid lawyer Joseph Ellis put up a vigorous defence, arguing that the arraignment was being made before the wrong court because the charge sheet clearly requested the court to “investigate the case according to law” – but the arraignment was made before the court in its jurisdiction as a court of criminal judicature, which strictly speaking, lacks the competence to investigate offences.

Fabri protested that this was the only court in front of which persons could be arraigned under arrest.

“Even though the court is the same building and magistrate is the same, it is a completely different court,” Ellis continued.

Magistrate Grixti rejected the argument however, decreeing that “the charge has all the elements of an accusation that can be brought before a court of criminal judicature, following the order of the Attorney General for the accused to be brought before this court. The charge is clearly defined according to law and the word ‘investigate’ at the end of the charge sheet has no bearing on the competence or otherwise of this court.”

Unperturbed, Ellis then argued that it was “very unfair on the accused that she is arraigned in court just six days before the law [decriminalising marijuana possession] comes into effect,” describing it as “prosecutorial abuse of judicial proceedings.”

The lawyer said that he foresaw problems with the woman being granted bail, as she had no fixed address and was lodging with whichever friend of hers happened to be able to put her up for the night.

Magistrate Grixti replied that Zdravkovska had the option of pleading guilty and benefit from transitory provisions in the law.

The woman pleaded guilty.

In submissions on punishment, Inspector Fabri informed the court that the accused collaborated with the police and has a clean conduct. Ellis argued that this, the plea in a very early stage of proceedings and the upcoming depenalisation merited a conditional discharge.

Magistrate Grixti conditionally discharged the accused for six months, after explaining the import of the sentence to the accused.