Waylon Johnston
Cannabis farmer jailed for 18 years
A 59-year-old Gozitan farmer was yesterday jailed for 18 years and fined €45,000 (Lm19,313) after he was found guilty of cultivating 19 kilogrammes of cannabis and trafficking and possessing the drug.
After eight hours of deliberation, jurors returned with a guilty verdict on three of the four charges brought against Paul Muscat, from Nadur. He was unanimously cleared of conspiring to deal in cannabis in December 2003.
Mr Muscat was found guilty by seven votes to two of cultivating cannabis and by eight votes to one each of possession and trafficking in the drug.
The trial was characterised by conflicting evidence, with Mr Muscat claiming he was the victim of police insults and the police giving a very different version of events.
Testifying in court on Tuesday, Mr Muscat claimed that his statement was dictated by officers and that he had no prior knowledge of the three barrels that contained 19 kilogrammes of cannabis that were found in his field. He also accused Police Superintendent Neil Harrison and Police Inspector Nezren Grixti of not allowing him to take his much-needed heart medication.
Also on Tuesday, Mr Justice Joseph Galea Debono, who presided over the trial, asked Mr Muscat's sister, Sr Virginia Muscat whether she had ever seen cannabis plants in her brother's field. She replied saying: "I had gone to the field in question very often but never saw anything unusual, just fruit trees and some wild vegetation".
Before handing down judgement, Mr Justice Galea Debono heard the prosecution and the defence make their pleas on punishment.
Lawyer Lara Lanfranco, representing the Attorney General, asked the court to take into consideration the fact that Mr Muscat had tried to damage the police officers' reputation by saying something untrue and, to a certain extent, had succeeded because his claims were published in the media.
Defence counsel Joseph Brincat asked the judge to consider his client's heart condition and the fact that he had a rather clean police record.
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10 Comments
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Christian Peregin
Feb 11th 2008, 01:22
The legalization of marijuana has various positive effects including many financial benefits for a country due to taxation and the less money wasted on fighting a losing war on soft drugs.
I think this sort of discussion should be taking place in Malta as well as across Europe.
Godwin Saliba
Feb 1st 2008, 08:24
To call marijuana a low class drug is an understatement. A UK study has shown that people who smoke marijuana even just sporadically are 2000% more likely to be admitted to a psychiatric hospital due to psychosis, schizophrenia and mental health problems.
I have worked with youths who have drug problems and marijuana is usually the first step towards more addictive drugs.
18 years is too much but this guy had 19 kilos of cannabis so it was obviously not for personal use. And trafficking is never a victim-less crime-just ask the drug users and their parents.
John Axiak
Jan 31st 2008, 23:30
Our criminal law is a farce. Production and distribution of substance that only "confuses minds" for a temporary time period and is consumed by a person voluntarily landed this Gozitan 18 years in jail.
Rachel Borg
Jan 31st 2008, 16:05
I believe that as citizens, we protest at the inordinately high sentences being handed out for offences related to possession or other, of cannabis. I do not use cannabis or other drugs but I sense a deep hypocrisy, typical of Maltese society, which focuses on crimes where it appears pro-active towards the community and covers up domestic violence, child abuse, ill treatment and other hateful crimes, deserving of much heavier sentences.
Pierre Mazzacano D'Amato
Jan 31st 2008, 15:40
Paul Muscat deserves to go to prison. He has committed an unlawful act. The question is this: “Is eighteen years too much, or too little?â€.
Mike Brodie
Jan 31st 2008, 15:33
that is ridiculous! 18 years for hurting nobody but himself!! there are far worse crimes going unpunished. The Police should focus they're efforts on real crimes or putting a stop to drink driving. That'd be more useful to the public.
Antoinella Micallef
Jan 31st 2008, 15:17
I have to agree with Jon..18 years is excessive when you consider that marijuana is a low class drug and that the sentence for more serious and violent crimes is much less.
Evelyn Micallef
Jan 31st 2008, 14:57
Hehehe what is a "rather clean police record"?
18 years is horribly over the top.
And given this guy's age, he's been handed down a life sentence.
Robert Smith
Jan 31st 2008, 12:58
18 years for what!!! Growing a natural plant which does not harm any one, apart from the person smoking it. What harm is there for these people smoking cannabis? A tiny percentage of regular smokers who end up with mild Schizophrenia, whereas alcoholics end up with liver disease, heart disease, family problems, work related problems and hundreds of more problems!!! Isn't a drunk person 10 times worse then a stoned one. Do you ever see fights breaking out in paceville between a group of stonned people. The only reason alcohol is excepted in our society and weed isn't is because its how its always been, Unfortunatly people cannot think for themselves because if they could they would realise that alcohol should be illegal not cannibis.
Jon Williams
Jan 31st 2008, 11:11
An 18 Year custodial sentence for what is essentially a non-violent crime, when one regularly sees child molesters getting off with suspended sentences. Interesting.