Libyan man conditionally discharged for possession of cannabis, cocaine

A Libyan man who is self-employed as a plasterer has been slapped with a conditional discharge, as well as an €850 fine, after he was found guilty of aggravated drug possession.

The incident took place on 4 December, 2016 on St George’s Road, Paceville. Plain clothes officers had found Emad Abdelhamid M. Younis in possession of cannabis and cocaine. The police did not locate any paraphernalia used to consume drugs, such as rolling papers or tobacco, and therefore suspected the man of drug trafficking.

Mr Younis denied that he was attempting to sell drugs. In a police statement delivered by the accused, he provided a breakdown of his income and his drugrelated expenses. As a self-employed plasterer, he said that he earns somewhere between €2,000 and €2,800 per month, amounting to over €33,600 annually. He used to stay in a shared accommodation with five other Libyan people, splitting the monthly rent of €650 and €250 utility bills between them. The court added that the accused’s monthly expenses relating to rent, water and electricity amounted to €129.

The accused claimed to be spending an average of €420 per month on cannabis, as a result of smoking roughly 2g daily for the past eight years. He added that a further €900 per month would be spent on cocaine, and another €340 on cigarettes.

Due to the circumstances surrounding the arrest, the accused was charged with possession of cannabis resin and grass not for personal use, possession of cocaine, disobeying police orders, committing the crimes less than 100 metres away from a place where young people gather and relapsing.

The accused maintained that he never intended to sell the drugs, and that he was on his way to buy cigarettes when the police officers caught him (explaining why no paraphernalia was found on his person). He also explained that he tried to evade arrest because he became panicked.

Magistrate Natasha Galea Sciberras, presiding over the case, said that smoking 2g of cannabis each day would translate into 10 joints being smoked on a daily basis.

She said that smoking 10 joints per day seemed excessive but was not impossible since he claimed to be a regular smoker for at least eight years.

The amount of cannabis that is put into each joint is not standard, and differs from smoker to smoker, depending on tolerance to the drug.

Ultimately, the courts noted that despite being caught in Paceville, which is a known drugdealing hot spot, the way in which the cannabis was found did not leave the court morally convinced that he intended to sell the drug. The court did take into consideration that he was not found with any paraphernalia and that he was only carrying €40 in cash when caught.

Mr Yournis first said he intended to share the drugs with his friends, and then backtracked by saying that actually everybody would be supplying their own drugs. The court remained unconvinced however and that the crime of aggravated possession of drugs, adding onto it the element of sharing, was evident.

The court noted that the crime had been committed just six months following the accused’s release from prison.

He was found guilty of all charges, and in view of the aforementioned considerations, the court also took into account his previous conviction for complicity in aggravated theft, the fact that he pleaded guilty at an early stage, the small quantity of drugs found, and the three months he was made to spend in preventive custody. In view of this, he was handed a conditional discharge for three years, and an €850 fine. The accused was also ordered to pay part of the costs.