Suspended jail term for importing small amount of cannabis

J. Micallef

Nov 30th 2009, 15:51

Dear Mr. Kmiec,

Please do get a legal advisor and lawyer and try to make as much fun as possible of our country. If possible try to get interviewed on a TV station back in your country and tell everyone your story, then show them what exactly is 0.2 grams of cannabis. Everyone will laugh at us and that will make us Maltese very happy, becasue the truth is that our law system is A JOKE ...... or in Maltese - Kummiedji u Teatrini

Thanks you for expressing your comments on this blog. Who knows ..... maybe the prime minister gets to read this :)

Here in Malta you can drink & drive, kill people & fight, but please do not smoke cannabis, because in Malta our law believes that the smoke that comes out of a joint will turn people into frogs for eternity haha

R.Saliba

Nov 30th 2009, 14:58

some words of comfort...maybe... but please note that even local people are treated such way by the police on such petty matters!!!

then where in need ..... no one seems to take responsability!!

this is such a sad story for this country....and what is even more sad...is that no one is doing anything about it!!!! THIRD WORLD COUNTRY!!!!!

g.c.Forte

Nov 30th 2009, 12:53

Dear Mr.Michal Pawel Kmiec.............I wish to give you a friends advice. Get a legal adviser and a good lawyer, and make my country shy in front of the E.U. Gooduck

Miguel Micallef

Nov 30th 2009, 12:12

Mr Kmiec we the public would like to excuse ourselves for the behaviour of the Malta police and Courts. In no way do we agree with these actions on their part, and in no way do we like it.

I invite you to never again visit the island (not because you are not welcome, you are most welcome in fact, but for your own safety and good) and to pass on the message to your friends.

As you said, Malta is not very different from Africa in most matters. Human rights are almost non existant. Most Maltese people are leaving the island because of these matters.

Again, please accept our apologies, the Maltese people are not like this. Only most of those in power.

Michal Pawel Kmiec

Nov 28th 2009, 21:50

Obviously, I never did that.
Then the magistrate, said, your crime is valid for imprison (my legs got weak) but the inspector himself referred to a law for suspended sentence.
At the end of the case the magistrate himself laughed and joked about such a small amount. In fact in my personal statement I insisted to have written very small amount but it was refused – even though the statement should be my own words.
Everybody, the inspector, his assistants and other police officers would have liked to have found capsules in my stomach but as the X-ray turned out negative in the hospital, they just couldn’t admit they did a mistake of catching a student with a masters degree in tourism (who travelled in 2009 to Russia, America and Egypt) and fits their profile of a swallower/drug dealer, importing drugs to Malta.

Michal Pawel Kmiec

Nov 28th 2009, 21:49

The Police inspector was waving with the evidence so everybody could see in a matter like: “look what we have found! Approx. 0.4g of cannabis and we will show this guy what Maltese law is about!”
Then the magistrate, Antonio Micallef Trigona, got upset and went out furious. (There was a case before mine about a shooting episode, and it got pretty confusing what went on, I did not understand a word but could just see the magistrate got more and more upset as time passed.) As the magistrate went out the police inspector, Victor Aquilina, made a joke in the court to everyone: “maybe we should give this to the magistrate so he can calm down?”

I know all this even though it was in Maltese, as two younger police assistants translated too me what went on in the court. Because my impression was really: this is a big mess!

Then the magistrate came in again and the case started. Luckily English was spoken. The magistrate asked the inspector: “how do you know this is cannabis?” and the inspector first doubted for a moment and then said: “because he (referring to me) told us it is”.

Michal Pawel Kmiec

Nov 28th 2009, 21:29

I have credit cards with me. I have booked a hostel for 2 nights at 12 EUR per night, and that I am a good and legal citizen in every country I have been/lived.
The police inspector was kind of surprised that phone numbers of my friends/partners can be found on the internet – not a wonder if they run a big water sports activity center on Malta. That my hostel reservation is online with the address of the hostel, and hat the ticket was bought online. The Police inspector was surprised by all this and made me feel like he would think internet was invented yesterday.

My first impression of Malta when I stepped out of the airplane was: this is like Africa, and it has not changed during my very short 2 days visit.

I was kept for about 12 hours in detention like a criminal. Given only bread and wheat coffee to eat and drink. I could not even brush my teeth cause my belongings very locked up.

The court case was something really not representative for the EU! People were coming in and out during my time in the court.

Michal Pawel Kmiec

Nov 28th 2009, 21:12

Hello everyone,
This is me, Mr. Kmiec, and I am actually very surprised that this is all over the internet!
Now, this is again proof to me that internet is the fastest global communication tool every made in human mankind.

I am pleased to hear your reactions on this matter.

In fact I can clarify several issues:
-the amount was approx. 0.4g including a plastic bag, so in reality it was about 0.2g.
-everything I said was suspicious for the custom department on the airport and the police inspector Victor Aquilina. The fact that: I am a student, that I only came for 2 days to Malta, that it was my first visit, that I only had about 90 EUR in cash with me, that I had a wetsuit with me. It did not change anything that I said: I bought the tickets cheap with Ryanair to visit Malta for the first time, that my passion in kitesurfing and therefore I brought a wetsuit with me in case of wind, that I actually have friends/partners on Malta who are resposible for the development of the sport on the island, that I do not need more money because -

Trevor Lorenzo Mizzi

Nov 28th 2009, 02:31

T. Tanti,
" but the old fashioned maltese politicians still consider this as a taboo and think that they will loose votes if they consider tackling this middle age law"

It is more like the politicians want to protect the financial interests of Big Pharma and the huge alcohol industry, by keeping one of man's most useful plants illegal and wrongly demonized.
A plant that has been safely used for thousands of years by mankind, that can be grown by anyone in their backyard.

Robert Agius

Nov 27th 2009, 22:35

0.4g...wow, what a waste of time, money, effort and space.

Suspended jail term for0 .4gr...

joe borg

Nov 27th 2009, 22:20

could the police tell us the street value of the ' drug ' and in the last nine months not ONE under age was caught consuming alcahohol

Miguel Micallef

Nov 27th 2009, 19:06

I wonder how we can go about fixing our law to decriminilize small amounts of marijuana for personal use so that you would get a fine/warning just like you do with other small offenses like not wearing seatbelt, littering etc... This would (apart from restore human rights and remove us from the list of no go areas because of inhumane laws) surely save big money for the state (and thus the people)!

T.Tanti

Nov 27th 2009, 16:51

the fact is.... cannabis should bot be treated this way.... but the old fashioned maltese politicians still consider this as a taboo and think that they will loose votes if they consider tackling this middle age law.... but i think that this is not true as from recent polls i have seen .... there is a great percentage of the maltese public that do not agree with the law regarding cannabis.

@ Mr Kmiec...... I regret that my country treated you this way!!!

@ The Magistrate.....well done for not throwing this fellow behind bars and not making our country the laughing stock as done in a case some years ago.

Guze Xerri

Nov 27th 2009, 16:29

.4 of a gram of cannabis will make one small piddly joint that can give you a case of the munchies.
Half a dozen pastizzi and a Kinnie could have been sold to Mr. Kmiec if he was allowed to get away with that mighty amount of cannabis and he lit it up.
Is this nation for real?

C.Borg

Nov 27th 2009, 16:09

Well....that the law needs to be amended that is 100% sure....Look at the other EU countries and the way they treat the least harmful 'drug' (less harmful then legal drugs such as tobacco and alchohol).

Steve M. Engerer

Nov 27th 2009, 16:08

Why would the local authorities waste time & money on such a petty offence?
Shouldn't the police & customs concentrate on more dangerous drugs being imported than on 0.4gm of cannabis.
Poor fellow to have to go through all this!

Lets get serious.. a warning would have been enough!

adrian aquilina

Nov 27th 2009, 15:55

how stupid and a waste of time and public money..noone should be charged for possession.
in malta we place drugs as a worse crime then rape and murder..better to arrest dangerous drivers as if they hit you or a pet it is not your choice but it is a persons choice to smoke cannabis..fact,it is less harmfull then tobbacco and alchohol..alcohol being in the top 3 worse drugs...if cannabis was legal,controlled by government like other places we would have more tourists and get out of this recession quick..no more gangs importing.in other countries it is legal for medical reasons and hospitals will sometimes let you smoke to help pain...its the hypocracy of alchohol being legal and less harmfull drugs not that bothers me

N.Falzon

Nov 27th 2009, 15:16

What a waste of time and money!!!!

A small fine or even a warning could have saved everyone's time!!!!

Mark Bishop

Nov 27th 2009, 15:14

My sympathy goes out to this poor individual. What a shame.

Joseph E Briffa

Nov 27th 2009, 15:03

What have we come to?..charging a man for importing 0.4 gm of cannabis...something is wrong somewhere. Either the police were overenthusiastic or the law needs to be amended. Thank goodness for the sagacity and sensitivity of the magistrate for giving a suspended sentence.