Man wins appeal against cannabis conviction

A man who was jailed for six months for cultivating cannabis plants has been freed on appeal after the court cited a "lurking doubt" as to whether he was actually guilty in the first place.

Martin Galea was jailed on September 26, 2006 after the Magistrate's Court found him guilty of cultivating cannabis and being in the possession of the drug. He was also fined €466.

Appealing the decision, Mr Galea argued that, considering all the factors that excluded his involvement in the charges, it did not make legal sense for him to be found guilty on the basis of one person's testimony.

The first court had heard that the police had caught Adrian Farrugia inside a house in Siġġiewi with seven containers of cannabis plants. He admitted planting the seeds adding that he had obtained the key to the house from Mr Galea.

Mr Farrugia had also told the court that he would water the plants together with Mr Galea, who also helped him re-position them.

Mr Justice David Scicluna said yesterday he could not help noting that Mr Farrugia's testimony had been a "little hesitant" at times, adding that, although the first court had chosen to believe him, the charges against Mr Galea had not been proven beyond reasonable doubt.

The judge revoked the previous sentence and declared him not guilty of cultivating the plants.