Issue link: https://maltatoday.uberflip.com/i/1399957
6 maltatoday | SUNDAY • 8 AUGUST 2021 NEWS MATTHEW AGIUS THE court of Criminal Appeal handed a 63-year-old man a suspended sentence for cul- tivating just 0.02 of a gram of cannabis 20 years ago, sparing him the six-month prison sen- tence he had originally been handed. Eugenio Camenzuli had been 43 when he was arrested for cultivating the plant in 2001. He was only arraigned 18 months later, in 2002, and then again in 2006 for his first sitting. At the time he had told the police someone in Paceville had given him cannabis, and that he had hung on to the seeds, plant- ing and watering them. Three plants had sprouted, but when police came to his house, he pulled them up and threw them out of the window in a panic. Camenzuli's filing of an ad- mission of guilty in the first sitting in 2006, meant he was handed the minimum sentence under law in force at the time: six months in prison and a Lm200 (€465) fine. The court had then noted that Camenzuli had a stable job, was respected and trusted at his workplace and had already completed a drug rehabilitation programme. Although only 0.02g of canna- bis had been found in the man's possession, being in the natural form the plant was considered as cultivation and not simple possession, mandating a prison sentence. Madam Justice Consuelo Scerri Herrera, deciding the appeal, observed the five-year gap between arrest and ar- raignment, during which the man had stopped using drugs. She noted all this good work would be undone because of the punishment following the charge of cultivation. The judge also noted that the law gave no definition of culti- vation. "One understands by cultiva- tion that the accused must have attentive- ly seen the plant grow from a seed to give the product. Culti- vation im- plies that w h o e v e r is culti- vating cannabis is do- ing so in order to have sufficient quantities to be able to process and sell it and therefore traffic it." The characteristics of the case in question were more akin to simple possession, said the judge, pointing out that the ti- ny amount found could never have been used to cultivate the amounts required for traffick- ing of cannabis. She noted that in order for cultivation to constitute trafficking, it had to be shown that the cultivation was not for the accused's sole consumption. The court took into ac- count the fact that the laws dealing with cultivation had changed over the years and that these changes should be reflect- ed in the punishment: today the law does not prohibit alterna- tive punishments to imprison- ment in cases such as this, said the court. Scerri Herrera also that she had always done everything possible to help people with drug problems, when convinced that the persons in question had shown good will and trust- worthiness. But now the case had been pending for 20 years. The ap- pellant was arraigned in Octo- ber 2002, 18 months after re- leasing his statement. The first sentence, despite his admis- sion, was handed down seven years later. The appeal was filed in March 2009 and only ended up before Madame Justice Scer- ri Herrera on 4 May 2021, after being left pending before a dif- ferent judge for 11 years. In the meantime, a Consti- tutional case had been filed by the appellant in 2010 and was decided three years alter. "From that day on, the case remained sine die before this court, differently presided. This exaggerated delay was al- so taken into consideration…in handing down punishment." Camenzuli's prison sentence was therefore reformed to six months' imprisonment, sus- pended for 1 year. The fine of €466 remained due, as did the order for the payment of costs relating to the appointment of experts. magius@mediatoday.com.mt 20 years' wait for justice over 0.02 grams of cannabis Gozo College: Victoria Middle - Tue, Thurs Maria Regina College: Mosta Secondary (Lily of the Valley) - Mon, Tue Mosta Secondary (Żokrija) - Tue, Thurs Naxxar Middle - Mon, Wed St Benedict College: Kirkop Middle - Mon, Thurs Kirkop Secondary - Mon, Thurs St Clare College: National Sports School - Fri St George Preca College: Blata l-Bajda Middle - Mon, Wed St Ignatius College: Ħandaq Secondary - Mon, Wed St Mar garet College: Verdala Secondary - Tue St Nicholas College: Dingli Secondary - Mon, Wed Rabat Middle - Mon St Theresa College: Imrieħel Secondary - Wed St Thomas More College: Malta Visual and Performing Arts - Tue, Wed Tarxien Middle - Tue, Thurs Santa Luċija Secondary - Tue Aqra fis-Sajf 2021 Campaign These Middle and Secondary State Schools Libraries will open for their students between 12th July and 3rd September 2021 from 08:30 to 12:30 on the following days: Further information on the Aqra fis-Sajf campaign may be found on www.facebook.com/aqrafissajf/ or by calling 2598 3302. O P E N I N G H O U R S Students must pre-select the books they would like to borrow using the online catalogue ahead of their library visit. The catalogue is available on the Malta Libraries website www.maltalibraries.gov.mt Students, especially those whose schools are not offering the service, are also encouraged to make use of public libraries available across Malta and Gozo. Court appeal pending for 11 years after man got jail for 0.02g of cannabis, seven years after arrest Arrested in 2001 but arraigned 18 months later, and filing an immediate guilty plea on his first sitting in 2006, Eugenio Camenzuli spent 20 years before an appeal overturned a prison sentence for just 0.02g of cannbis Although only 0.02g of cannabis had been found in the man's possession, being in the natural form the plant was considered as cultivation and not simple possession, mandating a prison sentence COVID: 71 new cases, 147 recoveries 71 new coronavirus cases were recorded on Saturday. Active cases are down to 1,058, after 147 new recoveries were registered. Total cases number 34,787, with 32,909 total recoveries. 3,593 swab tests were carried out in the last 24 hours, bring- ing the total number of swabs to 1,113,670. 424 total deaths have been recorded since the start of the pandemic, after no deaths were registered on Saturday. The average of yesterday's cases was 45, with a total of 33 COVID-19 positive patients currently being treated at Ma- ter Dei Hospital, five of whom are in ITU. Till Friday, 773,225 doses were administered, of which 404,049 were a first dose. 394,589 people are fully vacci- nated.