Pubdate: Sat, 29 Jun 2002
Source: Royal Gazette, The (Bermuda)
Copyright: 2002 The Royal Gazette Ltd.
Contact:  http://www.theroyalgazette.com/
Details: http://www.mapinc.org/media/2103
Author: Stephen Breen
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/spirit.htm (Spiritual or Sacramental)

'HIGH PRIEST' JAILED AFTER CANNABIS APPEAL TURNED DOWN

Cannabis campaigner Gershwyn Smith, who walked free from court despite 
possessing a huge stash of the drug, has been jailed for four years after 
the Court of Appeal ruled a judge was wrong to treat him differently from 
other users just because of his beliefs.

Smith was found with 2173 grams of cannabis and 545 cannabis plants at his 
home in Spanish View Road, Smith's, in January 2001, and was fined $30,000 
in February when he pleaded guilty to possession and cultivating the drug.

Smith, who is also known as High Priest Mohatma Shiloh Mhadi, told the 
court in February that cannabis was part of his religion and that he used 
it for medicinal purposes, food and sacrament.

Fining the six-time parliamentary candidate, Puisne Judge Archibald Warner 
said he did not want make Smith a "martyr" by locking him up.

But the Court of Appeal has ruled Smith should be jailed for four years for 
cultivation and two years for possession, running concurrently, on the 
grounds that "the sentences imposed by the judge were wrong in principle 
and they are manifestly inadequate".

"No convincing reason has been shown why the Respondent (Smith) should be 
treated differently from anyone else," wrote Appeal Court President Sir 
James Astwood in his ruling.

"Because the Respondent holds the opinions which he has expressed in his 
mitigation speech, this is not sufficient reason why he should be given 
preferential treatment."

The Crown, which accepted the cannabis had been for Smith's use and was not 
for supply, appealed against the fine, and urged the Court of Appeal to 
jail Smith for between 18 months and three years. At trial, the Crown had 
asked for a sentence of five to seven years.

The Crown had also argued that not jailing Smith would send a message to 
Bermudians that cultivation of cannabis is not taken seriously.

Sir James wrote: "The Respondent has not shown any remorse. Rather, he has 
shown a contempt for the laws of Bermuda which are in place to govern the 
social conduct of our citizens.

"The judge had to have a good reason to depart from what is expected, and 
he has not demonstrated to our satisfaction that he had such reason.

"To depart from the norm and make an exception in the Respondent's favour 
would lead other members of our community to feel a sense of grievance when 
they consider that the Respondent is treated differently from others who 
are sentenced for like offences."

Smith had told Supreme Court: "I am a priest of the word of God, a botanist 
and a farmer. I am not a jurist or a chemist. My herb was for personal use 
and the benefits are physiological not criminal.

"It stabilises my metabolism, impedes anxiety, reduces despondency, and 
most of all, it aids in the relief of pedestrian paralysis, that is, it 
alleviates the severity of muscular cramps in my legs and feet occurring.

"In this case, I am both the accused and the victim. These charges are 
unethical, barbaric and unchristian, and they demonstrate gross impiety and 
blasphemy, for I am a teacher of righteous (sic) and an example of fidelity."
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MAP posted-by: Ariel