A 17-year-old boy who confessed to trafficking in heroin and expressed a will to attend a rehabilitation programme was yesterday fined Lm25 as a magistrate, regretfully, explained that although probation would have been ideal the law did not allow it.

After hearing a probation officer recommend that the teenager (whose name is not being published as he is a minor) be placed on probation, Magistrate Consuelo Scerri Herrera explained that the Dangerous Drug Ordinance did not allow probation on trafficking charges.

"It is with great regret that this court is forbidden from placing the accused on probation since, in the court's opinion, it would have been the ideal situation since that way the accused would have been under observation for three years...

"Perhaps the time has come to amend the Dangerous Drugs Ordinance, Chapter 101, so that in exceptional cases that involve minors such law, that is the Probation Act, would be applicable," the magistrate said.

The Balzan youth pleaded guilty to the possession of cannabis resin and heroin and trafficking in heroin within 100 metres of a school or youth centre on and before February 10. Magistrate Scerri Herrera heard how the teenager had a drug addiction problem and was willing to attend a residential drug rehabilitation programme if he was accepted. For this reason, before handing down judgement the magistrate ordered a pre-sentencing report.

The report, compiled by probation officer Miriam Sevasta, reflected the teenager's genuine nature and immaturity who said he took drugs because he was very shy and wanted to be more outgoing with his friends.

The magistrate also heard the probation officer recommend the minimum jail term applicable and that the teenager be placed on probation so that he would be given all the help he needed.

The magistrate noted that the boy had filed a guilty plea, had a clean criminal record and was only 16 at the time of the commission of the crime. She also noted that drug trafficking was a very serious offence and one should not sell drugs to maintain the habit but seek assistance to overcome it.

However, the teenager deserved a chance to change his ways, the court added.

On looking into the punishments prescribed my law the magistrate noted that the teenager faced a jail term of up to 18 months in light of the offences he admitted to. When all factors were taken into account and the punishment was reduced by three grades, a fine, ranging from Lm3 to Lm25, was applicable.

However, the magistrate noted the Dangerous Drug Ordinance stated that probation was not applicable for such crimes and so she fined him Lm25.

She ordered that a copy of the judgment be sent to the House of Representatives.

Police Inspector Josric Mifsud prosecuted.