Connell – ‘Stop arresting for a bomb of weed’
âThe system is creating criminals. It is time for the law to stop creating criminals and stop arresting for a bomb of weed.â{{more}}
This is the opinion of attorney Grant Connell, expressed outside of the Serious Offences Court on Monday, April 18, shortly after his client was arrested and charged with possession of one âbombâ of cannabis.
On April 18, Connellâs client pleaded not guilty to possession of the marijuana and prosecutor, Inspector Adolphus Delpesche, then withdrew the matter against Connellâs client.
âArresting someone for one spliff is a waste of judicial and police time. It is time we adjust and amend the laws…â Connell said.
The lawyer pointed out that according to the law, persons charged with possession of 15 or more grams of cannabis are charged with intent to supply. âWhat is one bomb? You going to bring a man to court for that?â Connell asked rhetorically.
Connell recommended that a person caught with one spliff be given a ticket on the first charge instead of being dragged before the court.
Highlighting the fact that his client was arrested on April 16, Connell said it made no sense that a man should not be granted station bail for the small amount of marijuana.
âThe issue of station bail is police law. There is nothing in the law that says you canât get bail for marijuana possession…It is the discretion of the police officer,â Connell pointed out.
Connell said there are instances where men abuse their spouses and are arrested and then given station bail, but the same does not apply to a man charged with a spliff.
âWhen the man that abuses his wife gets station bail and and abuses his spouse again, which one is likely to be more of a risk, the man charged with the one bomb or the man who abused his spouse?â Connell stressed.
âIf the police do not have anything better to do, they can go and look for these âmonstersâ who are getting these nine year-olds pregnant and leave the one spliff man alone,â Connell contended.
Connell commended Inspector Delpesche for what he did and stated that âhe has taken off the blinkers and seen the larger picture.â
Meanwhile, Prosecutor Delpesche, who holds a Bachelorof Laws (LL.B) degree was this time in agreement with the defence Counsel.
âIf a man has one spliff or bomb and pleads not guilty, to my mind, you have to get the drug tested and analysed. It costs a lot of money to get it done,â Delpesche said.
According to Delpesche, it would more than likely cost more to have the drug analysed than what the court would charge the person. âThe court may just reprimand and discharge the person or a small fine would be imposed,â Delpesche stated. He also explained that there is no law which states that a man canât be given station bail for drugs, stating that he has granted station bail in the past for a person arrested for drugs.
âIf a person is caught with one bomb, I donât have an objection to grant the person bail. There is no law that says you canât give a person station bail for one spliff,â Delpesche explained. He, however, said there is a policy in the police force that bail is not given for marijuana possession.
âIf someone gives bail for ganja, they are not breaking the law,â Delpesche stated.