Appeal filed against jailing of man with 8.6grams of ganja
Attorney Nigel Hughes and relatives of Carl Mangal, who was jailed for ganja possession
Attorney Nigel Hughes and relatives of Carl Mangal, who was jailed for ganja possession

ATTORNEY Nigel Hughes has filed an appeal against the three-year sentence imposed on a man who was found guilty of possession of 8.6 grams of marijuana.

The sentencing of the man has outraged the Alliance For Change, which has called for swift action to remove custodial sentencing for persons found with small amounts of ganja. The case has also revived calls for reform of the laws prohibiting the use of ganja here.

Social Activist, Mark Benschop announced on his Facebook page that on Wednesday afternoon, parents and relatives of the young man, Carl Mangal, met with attorney Hughes to discuss the way forward. Benschop said an appeal has already been filed, and the application for bail will follow shortly. “It should be noted that this struggle is not just about the young man, but for hundreds of others in his situation. Hence, it’s time for the government and opposition to vote on the Marijuana Bill that’s before parliament since 2016,” Benschop wrote.

On Monday, Mangal’s mother and his reputed wife broke down in tears after the three-year sentence was handed down by Principal Magistrate Judy Latchman. It was alleged that on May 18, 2018 at Princes Street, Georgetown, Mangal had in his possession 8.6 grams of marijuana. The 27-year-old man pleaded guilty to the charge read to him in the court.

According to evidence presented by the prosecutor, on May 18, ranks acting on information went to lot 2 Princes Street, Georgetown and a search was carried out in the defendant’s home. As a result, two zip lock bags were discovered with stems and leaves which were suspected to be narcotics. Mangal told the police the marijuana belonged to him. He was arrested and taken to the Brickdam station. After sentence was passed in court, his family members broke down in tears, begging the magistrate to be sympathetic.

Prime Minister Moses Nagamootoo said that he believes marijuana penalty laws must be reviewed to address the number of young people being locked up. “I share the view that Guyana should review sentencing guidelines, and liberalise laws that make custodial sentencing mandatory for small quantities of marijuana. Too many of our young people are in jail as the law, as is, provides for imprisonment for quantities above 5 grams and does not give magistrates a discretion.”

Meanwhile, the AFC also expressed its outrage and deep concern following the sentencing of three years’ incarceration for the 27-year-old. “The AFC wishes to make it clear that it is not questioning the decision of the magistrate in any way. The AFC recognises that the magistrate, as is the case with all her colleagues, is constrained by the law with regard to the issue of custodial sentencing for possession of small quantities of marijuana.” The party, however, renews its call to all legislators to move with alacrity in upgrading the laws of Guyana to ensure that custodial sentences for small quantities of marijuana are removed from the books in their entirety.

“Custodial sentences serve, in large measure, to criminalise young people, particularly young men who have been caught with small quantities of marijuana – an offence which is a mere error in judgment and not representative of criminal behaviour,” the AFC said.

AFC Member of Parliament, Michael Carrington, since 2015 had tabled a bill in the National Assembly for debate, but it has since been languishing on the order paper, being deferred time and time again. “The time to act is now. We must no longer sit idly by and allow our young men and women to be sentenced to several years of jail time alongside hardened criminals, murderers and rapists.

“We will not be found complicit in destroying the lives of our young people and wounding our society rather than acting to heal it,” the AFC said. The party also announced that it will commence plans to host, in the near future, a national symposium on the issue at which all stakeholders and sectors of society will be invited to deliberate and exchange views.

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