Improving rehabilitation programmes rather than decriminalisation would help the country tackle its drug problem, Madam Justice Edwina Grima said in her inaugural speech as a judge yesterday.
Madam Justice Grima said that, in her seven years as magistrate, she had seen the desperate situation faced by people of all ages who had fallen victim to drugs.
In most cases, these people were not criminals.
The use of both hard and soft drugs had increased considerably but many abusers were not caught by the police.
She said “there seemed to be a call” for the decriminalisation of simple possession of drugs by first-time offenders but this would not necessarily reduce the problem of abuse.
“In my humble opinion, the legislator should see to it that, first and foremost, with the legal amendments a way isfound to reduce the circle of drug trafficking.
Decriminalisation would not necessarily reduce the problem
“This can only happen with the reinforcement of the rehabilitation of the abuser and not with some form of decriminalisation.” A person caught smoking a joint was not necessarily a habitual user and removing the fear of being charged would not lessen the problem.
Our courts so far have never used the Sword of Damocles on these people but always gave them an opportunity to reform, Madam Justice Grima said.
She echoed what a retired judge told the Times of Malta: that the users found guilty of simple possession were never sent to prison but were instead handed a fine or a slap on the wrist. The new judge said the real victims needed to be given all the help they required, within a proper structure and with reasonable punishments that gave the courts the ability to help abusers.
Only in this way could abuse be reduced and as a result the demand for the drug and, consequently, supply.
The law as it stood today did not give the adjudicator the tools to distinguish between a trafficker who sold drugs for money and the person who did it to sustain his habit.
She said she had experienced this situation and recalled a case she dealt with as a magistrate where a 16-year-old was facing a prison term for growing a small cannabis plant to use for personal use.
If the distinction was not made by the legislator it would be impossible to reduce substance abuse, which was always on the rise.
Madam Justice Grima also lamented a lack of resources for the judiciary, such as court-appointed experts.
There was also a lack of court ushers, clerks and machine operators. The adjudicator did not even have help such as judicial assistants and was very often left to do all the work usually reserved for three.