AD calls for judicial overhaul following confirmation of Holmes sentence

Alternattiva Demokratika calls for an overhaul of the drug laws after court rejected the Daniel Holmes appeal.

Following the court's confirmation of a 10 years and six months jail sentence on Briton Daniel Holmes, accused of drug trafficking, The Green Party called for a judicial overhaul.

After yesterday's Appeals Court sentence, Alternattiva Demokratika chairperson Arnold Cassola said: "The confirmation of the 10 year sentence in the Daniel Holmes' case shows that Maltese drug laws are in need of a total rehaul, which gives priority to the classification of different drugs, the definition of the quantification of amounts as regards trafficking, the specification of what minimum amount constitutes cultivation and the decriminalisation of drugs for personal use."

AD spokesperson for social policy, Robert Callus, said: "Once again strictly adhering to technicalities has won over common sense. For instance, according to the court experts he could have made 5000 joints from the leaves found, when in truth leaves are not smoked due to their miniscule TCH content."

He pointed out that TCH is the chemical responsible for most of marijuana's psychological effects and said that the charge of cultivation which significantly increases the sentence means nothing less that the cannabis was in a pot.

"Why should this make it a worse crime than someone who buys dried cannabis bud or resin?"

Yesterday, an Appeals Court confirmed a 10-year prison sentence for Briton Daniel Holmes, after the accused tried to get his punishment reduced in an appeal that raised the public's awareness on the harshness of Malta's drug laws.

Judges Joseph Zammit McKeon, Abigail Lofaro and David Scicluna, presided over the court of criminal appeal.

Daniel Alexander Holmes was appealing a jail term of 10 year, six months and a €23,000 fine, after facing five charges of drug possession and trafficking, four of which carried a life sentence, related to the discovery of a cannabis plant in his Gozo home. Holmes admitted to all charges ahead of a trial by jury.

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Like I was saying, I think that Daniel Holmes happen to appear in front of a judge who was having a bad hair day. And of course the three judges could not overturn his original judgement because mainly of a birds of a feather sticks together. Maybe the law is there but unfortunately it is not applied evenly. It depends on the judge of the day, because many other judges gave a lesser sentence for more grievous crimes. I am not condoning what Mr Holmes did but judges and the courts cannot keep using two weights and two measures as in Maltese and we do as we please. Mr Holmes deserves an outside court to decide his appeal because Maltese courts are not capable of overturning another judges ruling. Well at least not yet.
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Dr Kazzola, we want our children and children's children protected from drug pushers. He had enough substance in his possession to produce 5000 doses "for his own use naturally".