The Malta Independent 7 June 2024, Friday
View E-Paper

The real victims

Kevin Cassar Sunday, 4 February 2024, 09:04 Last update: about 5 months ago

“The drug reform being proposed by the government is a means of giving more options for the court to deal with cases as they deem fit,” Robert Abela bluffed.

The truth is that Labour’s proposed reform rewards drug traffickers and violent criminals whose crimes include use of firearms, fire and explosives. Labour is proposing leniency and “a helpful hand” to these criminal thugs, as long as they can prove they committed their crimes while dependent on drugs. It allows them to be tried before a drugs court instead of a magisterial court.  They will be spared a trial by jury even if being charged with the worst crimes that carry a life sentence. Labour proposes to double the amount of heroin and cocaine before a trafficker will face a magistrate’s court instead of a drugs court, a proposal that Labour’s white paper describes as a “moderate increase”.  Doubling the amount of cocaine and heroin is not a moderate increase - it’s huge.

Labour’s white paper calls hardened traffickers, caught in possession of 500 tablets of ecstasy, 200 grams of cocaine and heroin, and 500grams of cannabis, victims.  It refers to those who assaulted, beat, robbed, and even killed innocent citizens as victims. It proposes “rehabilitation not punishment” for them. Labour’s excuse is that “the law needs to be updated with the times”.

The only people overlooked in Labour’s white paper are the real victims of drug abuse and drug trafficking and the many forgotten victims of the violent crimes associated with drug abuse.  It doesn’t mention Pelin Kaya and her grieving family. They are the ones who will really serve a life sentence. So will the families of Faizan Muhammed and Ali Abbas, two Pakistani nationals killed at Targa Gap. 

“The penalty for drug traffickers was and remains life in prison,” Abela commented while defending the indefensible drug reforms he’s proposing. Abela was being disingenuous.  He knows that no drug trafficker has ever received a life sentence.  He was deceiving the public again. His own white paper specifically states that “in practice the maximum sentence (life) does not appear to ever have been applied for drug trafficking”.

But Abela was worse than disingenuous. He was asked whether any discussions were held with Caritas before the white paper was published.  “100%!”, he replied, “government has already spoken with the organisation and will continue to do so”. Opposition leader Bernard Grech revealed that in fact government kept its proposed drug reform bill hidden from Caritas.  Government hadn’t consulted with Caritas.  “They got to know from the media,” Grech insisted.

In the introduction to the White Paper, Justice Minister Jonathan Attard presented the proposed reforms as “an innovative and courageous step”. He bragged that it was laying particular emphasis on “human considerations” and on “improving the efficiency of the administration of justice”. Labour has surely mastered the art of wrapping crap in tinsel.

There is nothing humane about Labour’s white paper. It completely ignores the real victims of drug trafficking.  It is an admission of failure.  It is a declaration of surrender in the face of a collapse in the justice system. 

Labour’s white paper proposes removing incarceration as a penalty for those caught abusing drugs while in correctional facilities such as Corradino. Labour has given up on keeping Corradino drug-free.  So instead it’s planning to spare those who abused drugs inside Corradino correctional facility from being sent back to prison. Labour is admitting it has lost control and cannot prevent drugs reaching inmates inside prison.  It’s the responsibility of authorities to protect inmates from the harmful effects of drugs. It is Labour’s duty to ensure inmates don’t endanger their lives by being allowed drugs inside the facility. But Labour can’t manage that so instead it just won’t send drug abusers back to Corradino - they’re safer outside than in, Labour reasons.

Labour is also admitting that the number of pending juries before the Criminal court “is substantial” and that “government feels duty bound to take necessary steps so that justice in the Criminal Court is delivered well and efficiently”. But instead of proposing to bolster resources for the court to deal effectively with its workload, Labour intends to cut its workload by sparing drug traffickers a trial by jury.  Because drug trafficking is considered such a heinous crime, until now, such cases had to be tried by jury. Labour plans to change that. Labour is using its terrible record of court delays to justify going soft on those engaged in one of the worst crimes, drug trafficking.

Labour is also proposing raising the amount of drugs the accused is caught trafficking before they face a trial by jury. Labour is proposing doubling the amount of cocaine and heroin from 100g to 200g.  They’re proposing almost doubling the number of ecstasy tablets from 300 to to 500 tablets.  They’re planning to increase the amount of cannabis from 300 to 500 grams. This is an invitation, an incentive for drug traffickers.

The message is clear.  Labour will go easy even on drug traffickers who resorted to violence, to use of firearms, explosives and arson. All they need do is prove they were “dependent” on drugs when they committed their crimes. Which drug trafficker hasn’t snorted some cocaine? Which drug pusher hasn’t smoked a joint?

Labour is on the wrong side. It’s on the side of drug traffickers - defending them, protecting them, making it easier for them to evade justice, changing the law to ensure they’re spared the worst sentence.  Labour ignores the real victims. With utter insensitivity to the families of those who lost their life due to drug crimes, Minister Jonathan Attard writes in defence of his proposals:  “this is so that every person will be able to live a normal life”.  Tell that to Pelin Kaya, Faizan Muhammed and Ali Abbas.

  • don't miss