A constitutional application filed by a man who claimed to have cultivated cannabis for medical reasons has been dismissed by Mr Justice Silvio Meli in the First Hall of the Civil Court.

Anthony Seychell filed his application against the Prime Minister and the Attorney General.

He told the court that he had been charged and found guilty in a trial by jury of cultivating cannabis and had been sentenced to twelve years' imprisonment and a fine of €25,000. Mr Seychell said that he had cultivated the cannabis for medicinal reasons as he suffered from chronic depression which was aggravated by back pain.

According to Mr Seychell the proceedings against him and his subsequent imprisonment were in violation of his rights to a fair hearing and to personal liberty.

Mr Justice Meli noted that Mr Seychell had filed his constitutional case after the trial by jury and the confirmation of the verdict on appeal. Mr Seychell had also filed for a presidential pardon but this had been denied.

The court added that a constitutional remedy could not be used as an appeal from a jdugment of the appeals court. Mr Seychell had had other remedies at his disposal during the course of his trial, and the court was therefore declining to hear his case.

The court added that, after examining the records of Mr Seychell's trial, it did not result that any violation of his fundamental human rights had occurred. The trial had taken place according to law and the sentence imposed upon Mr Seychell was also in accordance with the law.

The constitutional application was therefore dismissed.

 

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