Magistrate speaks out at reaction to ‘no penalty’ cannabis case
Senior Magistrate Archibald Warner yesterday complained about media reports which sparked controversy over his decision not to fine or jail a Harvard professor for importing cannabis.Mr Warner also criticised lawyer and politician Mark Pettingill for speaking out against his award of a conditional discharge against Mey Akashah, who was caught with six grams of the drug at LF Wade International Airport.The Magistrate’s remarks came as he fined an American tourist $4,000 for importing cannabis and a pipe into the Island, in his room on the Norwegian Star cruise ship.At one stage yesterday, Mr Warner suggested he should jail Robert Gimach over the offence, and the culprit was warned he could face a fine of up to $500,000 for possessing the smoking equipment.To the obvious relief of Gimach and his wife, the eventual punishment was two fines of $1,000 for importing cannabis and cannabis resin, and a further fine of $2,000 for the pipe.After hearing Crown counsel Cindy Clarke give the details of Gimach’s case, Mr Warner told the court: “This is a really complex matter. I see a senior lawyer/politician in the newspaper.”In Wednesday’s Bermuda Sun, Mr Pettingill had called for an open and frank debate on Bermuda’s approach to soft drugs, noting Akashah’s case had generated headlines in the Boston Herald and on CBS and Fox News.Mr Pettingill complained that Mr Warner had sentenced his client, a woman from California, to a month in jail and a $3,000 fine last year, after she was caught at the airport with prescription cannabis.Yesterday, the magistrate said there are consequences “when people talk and more importantly it’s printed”.He said: “I can’t understand that. Certain people should not be heard, and those who give them the opportunity to hear it are the ones at fault.”The Royal Gazette website attracted numerous comments on Monday, within hours of the Akashah story breaking, with bloggers alleging she had been let off because she’s a white woman with a well respected job.Mr Warner said yesterday: “I wish, if they want to comment, everything that’s said in the court should be repeated and it should be a straightforward representation of what’s said in this court.”Gimach, 43, of New York, pleaded guilty to possession of 19.43 grams of cannabis, 7.5 grams of cannabis resin, and the pipe.Ms Clarke told the court he was arrested after a search of his room on Wednesday morning, telling officers: “I’m really sorry to put you through this. They are mine. My wife’s going to kill me.”Mr Warner noted the combined weight of the cannabis and resin was more than 20 grams, meaning Gimach could have been prosecuted for possession with intent to supply.“This is an amount for which he can properly go to jail, and should go to jail for, notwithstanding how he’s been charged,” said Mr Warner.Gimach’s lawyer Leo Mills insisted the drugs were all for his own use.Gimach told the court: “I want to apologise for bringing this matter before you. It’s an embarrassment for me. I apologise to the Government, the court, the police, the Customs and the ship as well.”