Hungarian jailed for cultivating cannabis

Arpad Rajmund Palota, 36 of Hungary and residing in St Paul's Bay, was jailed for 10 months and fined €800 after pleading guilty to cultivating cannabis and being in illegal possession of the drug.

On 13 March this year, and on previous dates, Palota cultivated cannabis plants in his residence and was in possession of cannabis  
drug under circumstances denoting that it was not intended for his personal use.

Magistrate Natasha Galea Sciberras ruled that, in view of the evidence brought forward by the Prosecution and the guilty plea filed by the  accused in respect of the first charge brought against him, the Court found Palota guilty of cultivating cannabis. However the court said that the prosecution failed to prove beyond reasonable doubt that they were not exclusively for his personal use.

"Indeed, the Prosecuting Officer, during his final submissions, stated that the reason for bringing forward the second charge against the said accused, was merely the number of plants found at his residence, which amounted to ten. Although the plants were in the initial stages of growth and were so small that they contained no substance that could be abused of as yet, the fact that the accused cultivated ten plants denotes that they were not merely for his personal use.

"The Court does not agree with this conclusion. Apart from the number of plants found, which were all in their initial stages of growth, with six of them being only three centimeters high, there is absolutely no other evidence to suggest that said plants were not intended for the accused’s personal use", the Magistrate said.

The Court acquitted Palota of the second charge but convicted him of illegal possession of the drug.

Magistrate Galea Sciberras considered that the accused fully cooperated with the police even whilst the relevant search was being effected at his residence. Furthermore, the Court took into account the clean criminal record of the accused and also considered the parties’ suggestion that it inflicts the minimum punishment allowed by law.

Arpad Rajmund Palota was condemned to ten months effective imprisonment and fined €800, which are to be paid by the person sentenced until the term of imprisonment is served. Should the convicted fail to pay the fine by the said time, such fine shall be converted into a period of imprisonment at the rate of €35 daily.