Wednesday, 7th May 2008
Chief Justice recommends Presidential pardon in 'exceptional' case
The Court of Criminal Appeal yesterday revoked a ruling whereby a man was fined €932 (Lm400) for trafficking in and possessing heroin and recommended to the President of Malta that the man should only serve one week in jail instead of the minimum of six months.
Marco Galea, 24, from Birkirkara was originally found guilty of trafficking in heroin and of being in possession of the drug and of cannabis resin on September, 18, 2007.
He was fined €932 (Lm400).
An appeal was filed by the Attorney General's Office on October, 3, 2007 asking the Court of Criminal Appeal to reform the sentence, noting that the minimum punishment prescribed by law for a person found guilty of drug trafficking is six months jail.
The court, presided over by Chief Justice Vincent De Gaetano, took into consideration the fact that Mr Galea had completely reformed himself, made academic progress and had a stable job.
Describing the case as an exceptional one, the Chief Justice noted that the testimony give by Mr Galea's probation officer indicated that he resides at home with his family, which offer him an extremely strong support system. In addition, Mr Galea did not have a police record and has managed to stay away from drugs for a number of years.
The court added that, although its hands were tied in terms of punishment because Mr Galea was found guilty of the charges brought against him, it would be making a recommendation to the President of Malta in the sense that the court deems it fit for Mr Galea to serve only one week in prison and be given a conditional discharge for three years instead of serving six months in jail.
Lawyer Edward Gatt appeared for Mr Galea.
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Comments
This Case lent itself for our Chief Justice to make a poignant point as to how serious is the Drug Issue from a legal angle where even the Court could not give a chance for the accused to escape imprisonment even though he had committed a drug-related offence just once and this to accommodate a girlfriend with whom relations have since evaporated. The Court of Criminal Appeal would have sent this young electronics-oriented man for only a week at Corradino Correctional Facilities had this been legally possible.However the Court had its hands tied down by the Law and sought a Pardon in an exceptional Case from the Competent Authority.
While we commend this humane act on the part of the Court, it is well to emphasise that the State must constantly fight the War against Drugs - wherever Drugs are found,if it results that with better attention and vigilance,the Drugs should not made it there,then the full rigour of the Law must be applied.Many families are being ruined financially once they discover their younger members have fallen victim of Drug Traffickers & Pushers - best remedy is to have recourse to valid sources such as Sedqa & Appogg so that the Police will be informed through competent authorities about another victim and the Big Fish hopefully be traced.For the few cases that come to light, many more pass through the engraping net and the market is always available for victims to be crucified in this senseless quench of self-destruction.
In the Case under review,while the competent authority should abide by the Court`s recommendation immediately,let the younger people learn from this Case that Love does not mean attempting to appease your Loved one to any extent.This may dramatically boomerang against you. WE MUST FIGHT THE DISEASE CARRIERS - the Drug Pushers & Traffickers!
Emmy Bezzina
ALPHA LIBERAL DEMOCRATIC PARTY
alpha@emmybezzina.org.
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