Sentenced to two years in jail and fined just under $700,000 for trafficking a pound of marijuana, a 36-year-old unemployed mother of four was yesterday released on $50,000 bail by the High Court pending an appeal of the sentence and fine imposed upon her by a Magistrate about two months ago.
Appearing before the Bartica Magistrate’s Court on September 21st, the unrepresented Anitha Qualis pleaded guilty to the charge and according to court documents seen by Stabroek News, had told the Magistrate that she was sorry for committing the offence and that she had only done it to provide food for her children.
Qualis according to court records, in a tearful plea for mercy, went on to tell Magistrate Crystal Lambert that the father of her four children had “abandoned” her and that she wished to go home to her children.
Attorney Siand Dhurjon who has taken on the woman’s case and filed the appeal on her behalf is arguing that the sentence imposed against her is too severe given the peculiar circumstances of her case which were bolstered by a probation report which the magistrate had at the time of sentencing.
Outlining in his submission the mitigating factors contained in the probation report, Dhurjon said that Qualis “was never fortunate enough to have the opportunities in life to advance herself.”
From the report, he said that she was unable to complete her primary education to tend to her sick father who was the sole breadwinner of the family. She became pregnant with her first child at the age of 15, and sought refuge in an abusive relationship which saw her bearing three children in five years.
The lawyer said that she was “abandoned penniless” by the father of her minor children earlier this year.
Dhurjon said that at the time of sentencing on October 9th, the Magistrate accepted his submissions on behalf of the woman that there were special reasons under Section 73 (1) of the Narcotics and Psychotropic Substances (control) Act which warranted going below the minimum sentence provided for in Section 4 of the Act.
Dhurjon said that the Magistrate, however, disagreed with his submissions that his client should be given “a very short sentence” or no sentence at all, given the mitigating circumstances of the case.
The lawyer said that Magistrate Lambert then proceeded to impose the two-year sentence and a fine of $754,500. He said in court documents that he then made an application under the Criminal Law Reform Act to have the sentence suspended but that this request was also denied by the Magistrate who said that she found no “reason enough” to so grant.
Dhurjon argues that the refusal of the Magistrate to suspend the woman’s sentence goes against precedent and practices in the summary courts; given that she is a first-time offender of a non-violent crime, faced with exceptional circumstances.”
This, the lawyer said, is especially in light of the Coronavirus pandemic which has afflicted “at least 200 inmates of the prison population.”
According to Dhurjon, the policy of the government is that “it is undesirable for first-time offenders to be in prison for small amounts of cannabis,” as it is a burden on penal institutions.
The court documents quote Dhurjon as saying, “I read in the news that legislation is being drafted to mandate that jail sentences be removed for such small quantities.”
Notwithstanding this, however, Dhurjon said that the Magistrate had the discretion under Section 73(1) to order little or no jail time.
The lawyer argued that the sentence is “excessive, inordinate and unduly severe” because it fails to take into account what he described as “the significant mitigating circumstances in the woman’s favour.”
In addition, he said that Qualis had accepted responsibility for her actions at the first given opportunity, thus saving the court considerable time in otherwise having to conduct a trial.
Apart from the sentence, Dhurjon is arguing that the fine is also excessive since, the marijuana”—just about 1 pound—was incapable of being worth more than $50,000” which is the street value.
A date is yet to be fixed for the hearing of the appeal before the Full Court.
An affidavit submitted by the woman’s brother described her as having suffered “debilitating trauma which affected the trajectory of her life”.
The brother said that his sister moved to George-town at the age of 15 “to start life anew,” but “being vulnerable” and seeking refuge got into a “violent and unhappy” relationship and became pregnant for a spouse who would “get high off drugs” and abuse her.
This, the man said, only further injured his sister’s opportunities and “kept her down in life.”
According to the man, his sister has four children who rely on her for sustenance.
According to the probation report which was seen by Stabroek News, the Probation and Social Services Officer described the offender as a young mother of four “who is consumed by her circumstances.”
The officer said that her life can be compared to that of “quick sand” while stating that she has endured a life of many misfortunes and has further sunk into a life of being an unemployed single parent caring for her children without the assistance of their father.
“This has resulted in her turning to illegal means to providing for her off-springs,” the officer said.
Notwithstanding this, however, the Probation Officer did say that an offence was committed and so the court needed to rule as it saw fit.
Qualis was found in possession of the marijuana on September 19th, at Karrau Landing, Mazaruni River, Essequibo.
The prosecution’s facts which she did not dispute were that she was seen acting in a suspicious manner and was taken into the Bartica Police Station and searched and the illegal substance was unearthed.
The marijuana was found concealed in her hair in a small black plastic bag.
