Issue link: https://maltatoday.uberflip.com/i/1515076
3 maltatoday | SUNDAY • 28 JANUARY 2024 NEWS CONTINUED FROM PAGE 1 Indeed, the law today already sets drug amount limits, which act as guide- lines for magistrates when deciding whether to transform the court into a drugs court or continue as a court of criminal jurisdiction in the case of drug trafficking charges. The White Paper is proposing wid- ening the existing limits from 300 ec- stasy pills to 500, from 300g cannabis to 500g, and from 100g to 200g for co- caine and heroin. The proposed change will extend the leeway magistrates already have in de- ciding whether a person charged before them with trafficking but who is also a drug addict should qualify for a proba- tionary sentence. It will remain illegal to possess any of these drugs and traf- ficking will remain subject to a maxi- mum punishment of life imprisonment. Sources close to government, who were granted anonymity to speak clear- ly about internal matters, have admit- ted that the Opposition leader's criti- cism caught them off guard. "No one was expecting Bernard Grech to attack the reform on the basis of mis- information and at a stage when this proposal is still a White Paper open for consultation," the sources said. Lack of proper build-up But they also commented on the lack of proper explanation by the ministry on the aims of the reform in the lead up to the White Paper. "Drug reform is always a sensitive sub- ject but it seems we learnt nothing from the fiasco surrounding Bill 28 (which introduced exceptions to abortion) and the Jean Paul Sofia inquiry when gov- ernment was forced to backtrack on its initial stands following widespread opposition," the sources said. "There should have been a proper build-up to the proposals and the intention behind them." The Justice Ministry has now been forced to publish an additional explan- atory document with the White Paper to address the controversy and clarify the misinformation that has condi- tioned the debate. Meanwhile, within the Nationalist Party lone voices have been cautioning Bernard Grech to be careful. Grech has accused the government of pandering to drug traffickers and called for the White Paper to be withdrawn outright. A statement from the party signed by its justice spokesperson Karol Aquilina and social policy spokesper- son Stephen Spiteri, reflected the party leader's opposition to the reform but stopped short of calling for the White Paper's withdrawal. Draconian to call for White Paper withdrawal Sources within the PN said that dur- ing a meeting of the parliamentary group some MPs called for a more cau- tious approach. "The fear is that the criticism will backfire and the party will end up with egg on its face since the proposed re- form does not make it legal to possess 500 ecstasy pills as Bernard Grech has been arguing," the sources said, de- scribing the leader's call for the com- plete withdrawal of a discussion docu- ment as "a draconian move". The sources pointed at the more nu- anced approach adopted by the Cham- ber of Advocates, which called for benchmarks rather than fixed amounts to avoid injustices caused by the rigidi- ty of the numbers proposed. Indeed, in its submissions, the Cham- ber led by former PN electoral commis- sion chief Peter Fenech, applauded the reform, in what has been interpreted within PN circles as a rebuke to Grech's stand. Meanwhile, Sedqa, the national drug rehabilitation agency, welcomed the reform but asked for lower limits than those proposed. The national agency that deals with drug dependency noted that a balance must be struck between judiciary flexi- bility towards genuine dependency cases and having the necessary means to pre- vent anyone trying to benefit from leni- ency by using a "pseudo drug problem." Other proposals The proposed reform was drafted by lawyer Alex Scerri Herrera, chair of the Sentencing Advisory Policy Board, and includes several other suggestions. The reform proposes an increase in the composition of the Drug Offenders Rehabilitation Board, the clarification of the criteria for a court to convert it- self into a drugs court, and the intro- duction of a requirement that the board give reasons for its decisions and com- municate its decisions to other courts. The other proposals include non-jury trials for serious drug offences and al- lowing prison inmates who are caught with drugs, while serving time, to qual- ify for rehabilitation instead of auto- matic re-imprisonment when they are convicted for that offence. This often takes place after they finish serving their original sentences. The Justice Minister has said the in- tention of the reform is to give addicts who sold drugs to finance their habit the opportunity to get the help they need to clean themselves up. Drug courts and drug limits What are drug courts? Drug courts are set up by magistrates and can sentence people found guilty to rehabilitation rather than jail. They do not hear cases related to personal use of drugs. What is the situation today? Magistrates can choose to set up a drug court if a person accused with drug trafficking is caught with a maximum of 300g for cannabis, 300 ecstasy pills or 100g of cocaine or heroin. However, the decision whether to transform the court into a drug court is at the absolute discretion of the magistrate and only if they are convinced that the accused, who has to have a drug dependency problem, wants to undergo a rehabilitation programme. What is the reform proposing? The reform leaves everything the same but is proposing to increase the limits to 500g for cannabis, 500 pills for ecstasy and 200g for cocaine and heroin respectively. It will be extending leniency, which remains at the discretion of the magistrate, to more addict-traffickers. Does this mean somebody can carry 500 ecstasy pills and claim these are for personal use? Absolutely not, just as today nobody caught with 300 ecstasy pills can claim these are for personal use. The reform has nothing to do with drug possession for personal use. What is the maximum sentence for drug trafficking and will this change? The maximum sentence is life imprisonment and this will not change. How a reform to help drug dependents got caught up in misinformation and lack of explanation Opposition leader Bernard Grech (left) has accused Justice Minister Jonathan Attard (right) and the government of pandering to drug traffickers