The appeal lodged by Daniel Holmes against a 10-year jail term after pleading guilty to trafficking and possessing cannabis was today rejected by the court.
Mr Holmes was arrested along with his flatmate Barry Lee in June, 2006. The police were investigating Mr Lee when they caught Mr Holmes smoking a joint in his flatmate’s car, and upon his arrest, the Welshman led them to the Ghajnsielem flat they lived in, where a number of cannabis plants were found.
Both Mr Holmes and Mr Lee were arraigned over the case, but Mr Lee committed suicide in prison in 2010. Mr Holmes had also been fined €23,000 in November 2011.
Judges David Scicluna, Joseph Zammit McKeon and Abigail Lofaro presided over the case. In handing down the sentence, Mr Justice David Scicluna said that the punishment was well within the parameters set by the law. The maximum was life imprisonment.
The crime committed by Mr Holmes was continuous and premeditated and police investigations had concluded that the drugs were not for Mr Holmes’ personal use. This was a bigger drug operation. Police had found 32 potted plants, with some of them being more than a metre high. Dried cannabis leaves had also been found in boxes. “The court cannot understand why drugs for personal use have to be packed and in such an amount.”
Mr Justice Scicluna said that more than 5,300 joints could have been produced from the amount found at the apartment. The total weight had exceeded 1 kilo. There had also been traces of cocaine. This was something continuous which went in for five months.
The applicant had made a number of incorrect assertions in the appeal, the court ruled. It was alleged that the police had included the weight of the stalks and seeds, but this was not the case.
Mr Holmes had also told police that he had not told Barry Lee about the drugs and took full responsibility. But in his appeal he alleged that the pots belonged to Barry Lee.
There was also a question on the street value of the drugs. The applicant was contesting the value of €13,000, but this was the amount listed in the bill of indictment, which Mr Holmes had agreed to. The court remarked that he had also never helped the police in finding who supplied the drugs so he could not expect any reduction in sentence on that part.
Mr Justice Scicluna said that family suffering could not be factored in. Everyone has to be held accountable for their own doing. Referring to accusations that other people had been handed lighter sentences for more serious crimes, the court said that comparisons are odious.
The appeals court saw no reason to disturb the discretion of the criminal court and decided to reject Mr Holmes’ appeal. The ten year and six month sentence is therefore confirmed.
Mr Holmes remained calm during sentencing, but his wife wept as the sentence was read out.