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Malta: Cannabis man’s case thrown out

Times of Malta

Friday 22 Mar 2013



A constitutional application filed by a man who insisted he cultivated cannabis for medical reasons was thrown out after a court found there was no human rights violation.

Anthony Seychell, who filed the application against the Prime Minister and the Attorney General, said he had been found guilty by jurors of cultivating cannabis and jailed for 12 years and fined €25,000.

He claimed he had cultivated the drug for medicinal reasons because he suffered from chronic depression aggravated by back pain.

Mr Seychell argued the procedures against him and his imprisonment violated his rights to a fair hearing and personal liberty.

Mr Justice Silvio Meli, sitting in the First Hall of the Civil Court, noted that Mr Seychell had filed the constitutional case after the trial and an appeal, which had confirmed the decision.

He also applied for a presidential pardon but this had been denied.

The judge ruled that one could not resort to a constitutional remedy to appeal a decision by the Court of Appeals. Mr Seychell had other remedies at his disposal during the course of the trial.

After examining the records of the trial, the court found that Mr Seychell’s fundamental human rights had not been violated. The trial had taken place according to law and punishment was in line with the law, Mr Justice Meli ruled.

http://www.timesofmalta.com/articles/view/20130322/local/Cannabis-man-s-case-thrown-out.462477

 

 

 

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