Monday, 2nd November 2009 - 15:17CET
Briton wrongly convicted of importing ecstasy - 25-year jail term revoked
Steve Marsden, a Briton who in January was jailed for 25 years for conspiring to import ecstasy was acquitted on appeal today and is to be freed from prison.
Marsden, who was also fined €60,000, had insisted when he filed his appeal that there was no evidence at all which could support a conviction according to law.
He had been jailed after jurors found him guilty by eight votes to one of conspiring to import 50,000 ecstasy pills in the summer of 2006.
The pills were allegedly hidden in the panels of his Mitsubishi Pajero when he was stopped by police as he was driving off the catamaran on July, 9, the night of the World Cup.
He was originally charged with importing and trafficking in ecstasy but two months into the compilation of evidence, court expert pharmacist Mario Mifsud testified that the pills were not ecstasy but contained a chemical known as mCPP.
Mr Marsden's defence lawyer Joe Brincat argued that the pills contained mCPP which was not illegal at the time, however the chemical gives similar effects to MDMA.
The Criminal Court of Appeal said that Mr Marsden had been been wrongly convicted and the prosecution did not prove beyond reasonable doubt that one or more of the co-conspirators had 'illegal' ecstasy in mind as the time of the agreement with Mr Marsen.
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Comments
The law was not an ass in this case, but it was slightly behind the times. I believe that in Italy they mention 'sostanze stupefacenti', could this be a catch-all to avoid intances like this?
Marsden should crawl under a rock and hide in shame. How about him compensating for the damage that would have been caused if the pills had reached the market.
@ Cappitta - In the name of the father is about trumped up charges when there was no evidence connecting the accused to the crime. That is very different from this case.
It is the spirit and soul of the law that should be applied and not the black and white writing of the law on a piece of paper. Is a piece of written paper more powerful than the brains /minds of the Judical system. It is like standing in front of the traffic lights in which a fault occurred and it jammed on RED. Only fools stay stationary, I personaly wait for a while see that the lights are not working and decide for myself to keep going to make sure that I do not miss my lectures at University or go to hospital or the airport to arrive on time.
Well, OK - if according to the Maltese law he can't be jailed for importing Ecstasy in Malta , I am positive that he can be jailed in the UK for EXPORTING and TRAFFICKING Ecstacy.
Inform the British government about this case! Could the British High Commission tell us what their stance on this issue is?
What made me madder was the self-rightious attitude in the clip, Both Steve's and his lawyer's attitude disgusted me. Please acknowledge the truth...you found a convenient loophole..and you both know you are morally in the wrong.
And then a 16 yr old who gets caught smoking some weed for personal use has his life ruined with a bad police conduct.
Should Steve Marsden continue trafficking the mentioned substances, the blood is not just on his hands now.
That said, 50,000 pills is not for personal consumption and distributing drugs without permit is illegal, even if it's paracetamol.
Consumption should be legalised but monitored, distribution should be licensed for soft drugs, as it's already done for tobacco, alcohol and certain substitute, expensive legal drugs.
Also, Sedqa should promote the science not the political and policing messages.
To spend 3 years in jail for something that wasn't illegal is indeed a clear breach of human rights.
Should we imprison the the importers of panadol now in case someone decides to make them illegal in the future?
The key fact is at the time of importing them, no crime was committed!
MARSDEN did know that the tablests are fake , paid a very low price about £500,
hid them in his vehicle drove to MALTA with the intention to pass them as ecstasy for £M1
each in bulk.
Why hiding ? He do know such quantity will raise suspicion if found among personal items
even if tablets are legal, questions of intention of use would be asked.
This person came to MALTA from Spain where he was suppose to be on holidays or on important business.
There are other suspicious matters on this case, BUT.........................
"The pills were allegedly hidden in the panels of his Mitsubishi Pajero when he was stopped by police as he was driving off the catamaran on July, 9, the night of the World Cup."
Why did he hide such stuff ? What was the intention of this person to import such chemicals, hidden ? When someone hides something, ................... ?? Furthermore, did he know the difference between mCPP and MDMA ? (This question is important)
Why did he hide such stuff, when it was not illegal ??
Isn't there an element of malicious INTENT here on behalf of Mr. Marsden whichever way you look at it..........
And 50,000 pils are quite alot too,!!!!
This issue is farcical and shows how amateurish our laws and judicial system are.
Yes it would make a good movie. But there is a true story which has already been made a movie about a similar story. You should watch it. The title of the film is 'In The Name of The Father'
He imported pills (stupid idea but anyhow) that at the time were not illegal and gets sent to prison for 25years and fined 60,000 euros. 3 years later after appealing he's found not guilty and is to be freed from prison.
Ok so his life is ruined and he just lost 3 years of it. way to go justice system.
Would make a good movie.
this is the most embarrassed moment for local police ! Did the court know the effects of MDMA ???? have a look !!
http://alcoholism.about.com/cs/ecstasy/f/mdma_faq01.htm