A Welshman, residing in Mtarfa, was given a suspended sentence after he admitted to cultivating a cannabis plant

Alistair David George Smith was accused of cultivating a cannabis plant in Mtarfa in September 2010. He was also accused of being in possession of cannabis.

On 13 September 2010, the police executed a search and arrest warrant against a certain Kenneth Micallef and searched his residence in Rabat. Nine cannabis plants were found. During their search, the police noted a parked vehicle close to the residence, with the accused inside. He was stopped and searched. He was subsequently arrested and his house searched.

During the search of the accused’s home, a cannabis plant and two small bags, with what was suspected to be cannabis, were found. In his statement, the accused told of how he would cultivate the cannabis plant, and that it was in his possession for around two or three months. He said that prior to this he never took drugs and that he would only take from his own plant since getting it.

Mr Smith’s brother was also arrested and a substance suspected to be cannabis was found in his bedroom. An inspector who had spoken to the accused’s brother, said that he claimed the cannabis found in his room was his, and that he took it from his brother’s plant once he realised that his brother had it.

The accused, when asked about this, said that his brother took it from his plant. The accused also said that he would close the door to the room where the plant was kept, but would not lock it.

The accused said he never saw his brother abusing drugs.

From the evidence, the court said, the plant in question was cultivated for personal use and that not enough evidence to remove any doubt that this was aggravated possession was presented. The court also noted that no empty bags or other evidence to prove that the accused was using the plant to sell to third persons was found.

Magistrate Natasha Galea Sciberras also noted that the substance found in the accused’s brothers room was not even presented in the hearing.

The court noted that the accused cooperated with the police during their investigations.

The accused was given a seven month prison sentence, suspended for two years and ordered to pay an €850 fine. The drugs were ordered to be destroyed.

Dr Veronique Dalli and Dr Dean Hili representing the accused.