Welshman gets suspended sentence for cannabis cultivation

Court rules that Alistair Smith had cultivated the illegal plant solely to supply cannabis for his personal consumption

A Welshman who, in 2010, had admitted, to cultivating a cannabis plant has been handed a suspended sentence.

Mtarfa resident Alistair David George Smith had been charged with cultivation and possession of cannabis in September 2010 after the police executed a search and arrest warrant against another man in Rabat.

While carrying out their search of the Rabat property, the police had noticed a car that was parked nearby, with the accused inside. Smith was stopped and searched and nothing illegal was found. Despite this, he was subsequently arrested and his house was searched.

A cannabis plant and two small bags, containing 10 grams of a substance suspected to be cannabis were recovered at his house. 


When questioned, the accused had told police that he had cultivated the cannabis plant, which had and that it was in his possession for around two or three months. He said that prior to this he had never taken drugs and that he would only use the leaves from his own plant.

His brother was also arrested and a substance suspected to be cannabis had been recovered from his bedroom.

The accused said that his brother had taken it from his plant, explaining that he would close the door to the room where the plant was kept, but would not lock it.

The accused claimed never to have seen his brother taking drugs.

Evaluating the evidence, Magistrate Natasha Galea Sciberras held that the plant in question had been cultivated for the accused's personal use and not for trafficking.

The court said this conclusion was further supported by the absence of empty bags or paraphernalia commonly used by drug dealers.

The court took into consideration the fact that the accused had fully cooperated with the police investigations and had also observed that the substance recovered from the accused’s brother’s bedroom had not been exhibited as evidence.

The accused was handed a seven month prison sentence, suspended for two years and fined €850. The drugs were ordered to be destroyed.

Lawyers Veronique Dalli and Dean Hili were defence counsel.