Labour denounces Drugs Court reform as ‘cosmetic’

Criminal lawyer Jose' Herrera has said that the reform of the Drugs Court shouldn't be all about appearances but should delve in to the legislation. Herrera said that to address Malta's drug problem, "the changes shouldn't be simply cosmetic".

Speaking outside the new building which will host the Judiciary's Chamber, Herrera said that the Labour Party agreed with the setting up of a Drugs Court and it had been on the Opposition's agenda as well.

"However, the reform shouldn't be only about building a new courtroom where drug-related cases are heard but it should specifically address the legal framework to sustain it," he said.

Herrera said that over one third of the cases heard in court are related to drugs: "It doesn't make a difference where the cases are heard. What we need is a new method of addressing the drug problem in Malta."

Herrera said that government should have launched a consultation process, asking for the participation of members of the judiciary and agencies working with drug abusers and other related stakeholders.

He spoke extensively on how the current legislation was not about helping to rehabilitate those who are dependent on drugs, but it worked more on sending the person to jail, irrelevant of whether the individual needed help or whether the individual was caught with minimal amount of drugs for personal use.

"The laws are ambiguous and which do not permit elbow space to the member of the judiciary when delivering his sentence. The law was gradually built over the years and is not comprehensive. It doesn't do enough to help rehabilitate and it does not distinguish between those who make use of drugs for their own personal use and those who traffic it," Herrera said.

He insisted that Malta's legislation was in contract with the UN Drug Convention signed by Malta: "The Convention calls for specific laws on the cultivation of drugs. However in Malta all types of cultivation are considered as trafficking, forcing everyone into jail."

Herrera also called for the need of deliberating freely when giving out sentences, especially when in certain cases alternative sentences to imprisonment could be given. "The Drugs Court should have an team of experts helping the judiciary give the best sentence, with a focus on rehabilitation," he said.

Herrera added that sending someone to the Corradino Correctional Facility was not the answer to Malta's drug problem: "We all know what goes on in the prisons following the Bickle case," he said.

Herrera was referring to the Josette Bickle case, who was sentenced to 12 years imprisonment and fined €23,000, after being convicted by a jury yesterday for trafficking of drugs in prison.

Herrera said that there were other anomalies which should be addressed by the Justice Minister, including that of the absolute power given to the Attorney General who decides whether an accused should appear in front of a jury or a magistrate.

He also said that it didn't make sense to introduce the parole legislation without setting up a parole board and appointing parole officers.