Tourist given conditional discharge for cannabis
Senior Magistrate Archibald Warner described it as “vexing” and “embarrassing” that tourists are charged for having small quantities of cannabis.
He made his comments as he gave 28-year-old cruise ship worker Johnny Nunez a 12-month conditional discharge for possessing 5g of the drug.
Duty counsel Saul Dismont had earlier argued that the quantity was just over the limit where a person would usually be let off with a caution.
Said Mr Warner: “In dealing with possession of drugs especially under [simple possession], especially when related to tourists, it is proving a vexing, if not embarrassing situation for these courts for a number of obvious reasons including how it relates to the Department of Public Prosecution’s policy of not prosecuting people for drugs in certain conditions.
“One of these conditions is the amount of drugs.”
Although the DPP determines who is charged in court, it becomes the court’s responsibility to deal with the matters, Mr Warner told Magistrates’ Court.
He said Government should be more consistent with its approach.
“I have no feelings as to which way to go but it’s more that Government, the authorities, the executive, make up their minds and rationalise the law in this area.
“It’s causing lots of embarrassment in dealing with these cases. One way or another, this court cannot and will not shrink from it’s duties.”
The court heard police were called to the Explorer of the Seas by the ship’s security and directed to Nunez’s cabin on October 10.
Officers found a clear bag containing plant material inside the cabin safe. The material was later confirmed to be 5g of cannabis.
Nunez was arrested around 2.15pm that day.
He told officers: “I’m really sorry.”
Yesterday, he pleaded guilty to the offence.
Mr Dismont argued that the defendant was a cruise ship worker who would be unduly affected by a conviction.
He stressed that the drugs were in the cabin’s safe and that Nunez had at no point attempted to take the drugs off the ship.
“Mr Nunez was not attempting to sell drugs. He was not attempting to import them,” Mr Dismont said. “It was locked in a safe in a ship. It effectively never reached Bermuda.”
Due to the relatively small quantity of the drug and the impact a conviction would have on the defendant, a conditional discharge was the correct sentence, Mr Warner said.
The Department of Public Prosecutions did not respond to a request for comment by press time last night.
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Published Oct 12, 2011 at 8:29 am (Updated Oct 12, 2011 at 8:26 am)