The Malta Independent 19 April 2024, Friday
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Petition seeks reduced sentence for Daniel Holmes

Malta Independent Tuesday, 7 May 2013, 08:31 Last update: about 11 years ago

Well over 1,000 people have signed an online petition set up just yesterday, calling for a reduction in the sentence imposed on Daniel Holmes, a Briton who admitted to cultivating cannabis inside his Ghajnsielem apartment

Mr Holmes, a Briton who lived in Ghajnsielem, was jailed for 10 years and six months and fined €23,000 in November 2011 after he admitted to cultivating cannabis in his home. In Malta, cultivation is equated with trafficking, and offenders can thus face life imprisonment – a sentence the Attorney General’s office actually sought.

Mr Holmes’ case became something of a cause célèbre: two protests calling for an end to the prohibition of cannabis were held, in December 2011 and May 2012, spurred by the controversial sentence.

As expected ,the sentence was appealed, with defence counsel Kenneth Grima presenting numerous reasons to back his claim that the sentence imposed was far too excessive. For one, lower sentences had been handed down for some cases of murder, attempted murder, rape and fraud running into millions of euros.

The defence also argued that the prosecution could not prove that Mr Holmes was a drug pusher, particularly given his very modest lifestyle.

Some technical arguments were made. The sentence appears to have been based on the weight of the plants themselves – over a kilogram. A forensic expert valued the drug at €11,693, although curiously, the sentence was based on a value of €13,802.

The defence pointed out that the stems and roots should not have been factored in, which would have brought down the weight significantly. Furthermore, the defence contests that the plants also belonged to Mr Holmes’ roommate, Barry Lee, who had faced the same charges but who committed suicide in prison.

If all these matters were taken into consideration, according to the defence, the amount belonging to Mr Holmes would have clearly been for his personal use.

Finally, the defence also came up with some more emotional cases, pointing out that since the case, Mr Holmes had kicked his drug habit, entered into a steady relationship – he is now married – and had a daughter, born a few months before his imprisonment.

But no date has yet been set for Mr Holmes’ appeal, 16 months into his sentence.

In an interview with The Sunday Times, Mr Holmes’ father Mel – who regularly comes over to Malta from his native Wales to visit his son – revealed that he has written to the President, the Prime Minister and the Archbishop of Malta, seeking clemency.

The renewed focus on his case appears to have prompted the setting up of the petition – which can be viewed on http://www.avaaz.org/en/petition/Daniel_Holmes_Sentence_to_be_appealed - yesterday. Over 1,300 people, mostly from Malta, put their name to it by 5pm.

In the meantime, nothing prevents a repetition of the controversial case for the time being, since the relevant laws remain unchanged. Decriminalisation of cannabis – or any other illicit substance for that matter – is not on the new government’s agenda, and there is no news of any planned legal reform: the issue is not mentioned in the Labour Party’s   electoral manifesto.

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