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maltatoday WEDNESDAY 13 DECEMBER 2017 News 3 CONTINUED FROM PAGE 1 The 2015 reform sought this balance by giving magistrates discretion as to whether they should hand down jail terms for people involved in drug cases of a less serious nature. But judges were also granted discretion to apply lower pen- alties despite the seriousness of the cases in front of them, Bonnici added. "What is being demanded now is extending the discre- tion not to impose a prison term to judges dealing with the more serious cases involving drug pushing," he said. It was a quiet Saturday after- noon in November 2004 when three young men were sur- prised by the police next to the Qormi primary school. The San Bastjan area was swarmed by police officers from the drugs squad. They had been observing the men's movements for a while. The police raid yielded more than 2,000 ecstasy tablets, in what was described then as the largest haul ever of ecstasy pills. The market value of the drugs stood at €21,000. Among the three arrested men was 18-year-old William Agius from Zabbar. The youngster was himself battling a drug problem while acting as the go-between in the drug running operation. He risked a very long time in prison. But last Monday, 13 years after that fateful afternoon in Qormi, Agius was handed down a three-year jail term by Judge Antonio Mizzi. It was a lenient sentence for a drug trafficker. The judge went below the minimum four-year jail threshold based on legal amendments introduced in 2015. Serious drug trafficking cas- es like that of Agius are heard before a judge in a trial by jury. Jail terms are stiffer than those reserved for less serious cases heard in front of magistrates. However, the 2015 changes to the law allowed judges to adopt jail term thresholds as those awarded by magistrates in cer- tain circumstances. Now, a 31-year-old man, Ag- ius is a reformed drug addict, who has for the past decade helped others to fight their drug problem. Agius pleaded guilty to all the charges last Monday when he appeared in front of the judge. Several people, including those who worked with him at Cari- tas, testified on Agius's good character and how he had changed his ways. In the weeks leading to the trial, Agius had appealed for a more humane law that does away with prison terms for re- formed drug addicts. His call was backed by workers in the field of drug rehabilitation. The judge took this into con- sideration when delivering judgment but his hands were tied as to imposing an effective prison term. The issue has long been a bone of contention for rehab professionals, who argue that sending a reformed drug ad- dict to prison is akin to send- ing the person back into the lion's den. The 2015 drug law reform did address this issue for the less serious cases that are heard by magistrates. These cases could also include drug trafficking of minimal amounts. But Agius's case fell outside these parameters and the judge had no option but to jail him. Former Opposition leader Simon Busuttil tweeted his dismay at the situation: "There is no point in sending a long- reformed drug addict to jail af- ter so many years. He is already reformed. The system is wrong and society is failing him." Busuttil was reflecting the views of many, who could see no point in sending a changed man to a place where he could be tempted to fall back into the habit. Others were less cavalier in their attitude. After all, Agius was caught trafficking large amounts and although his case took 13 years to be judged, part of the reason for the length of time were several contesta- tions, including a constitution- al court case, which he filed and lost. Joe Giglio, Agius's lawyer, ac- knowledged the length of time for justice to be served was not entirely the court's fault and described the judge's decision as a significant development. Agius may yet benefit from prison leave to continue help- ing drug victims but the leni- ency of the punishment has not stopped calls for renewed legal reforms. The justice minister has con- firmed he is "open to a con- structive debate on the mat- ter". But for people who work in the drug rehab scene the de- cision is clear – judges should also have the discretion not to send reformed drug addicts to prison. In comments to the media in the aftermath of Monday's judgment, Charles Miceli, who spent years working with drug addicts, reiterated his belief that people like Agius should not be imprisoned. The country has to have an alternative to imprisonment in these circumstances, Miceli said. The debate is unlikely to go away any time soon. More drug addicts will follow Agius's path. But as Agius starts serving his jail term one thing is clear: society has become more re- ceptive to the complexity of the drug problem that extends beyond the 'war on drugs' lan- guage of just a few years ago. Whether this will lead to fur- ther change has yet to be seen. Dilemma when dealing with reformed drug traffickers The criminal court has turned down a request by the Attorney General ask- ing it to revoke a decree granting bail to disbarred lawyer Patrick Spiteri. Spiteri has been under preventive arrest ever since his extradition from England back in May. He was brought to Malta to face criminal proceedings over the misappropriation and fraud of some €7.4 million. Last month, the criminal court, pre- sided over by Madam Justice Edwina Grima, had revoked a bail decree granted by magistrate Claire Stafrace Zammit, following an application by the Attorney General. In doing so, it had said that if the magistrates' court felt that Spiteri merited bail, it should have granted him effective liberty rather than place him under house arrest. This, it said, amounted to a state of arrest nonethe- less, the criminal court had declared. That decision had magistrate Sta- frace Zammit alter the bail condi- tions, imposing a 12:00pm to 8:30am curfew, and requiring a deposit of €15,000 and personal guarantee of €25,000. Once again, the attorney general filed an application to have that de- cree revoked but the criminal court, presided over by Justice Antonio Mizzi, declared that in view of Spi- teri's medical condition, his situation was to be "assessed attentively so that he might be held in an environment which would minimise the negative effects of his illness." This pronouncement by a superior court will still not bring about any immediate change to the accused's situation since his arrest, under other separate proceedings, still stands. Spiteri was diagnosed with Behcet's syndrome, and has allegedly been ex- periencing a worsening of his condi- tion throughout his stay at the Corra- dino Correctional Facility. Lawyer Stefano Filletti is defence counsel. Court turns down request to revoke Patrick Spiteri's bail William Agius (Photo: Xarabank)