DPP favours ganja debate

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Haydn Huggines, The Vincentian - 12 May, 05

Acting Director of Public Prosecutions Colin Williams feels that Magistrate Carlyle Dougan, in expressing his views on the decriminalisation of marijuana last week Tuesday, has sparked a 'healthy' debate.

Williams is, however, calling for an intelligent and constructive debate on the topic. His comments came during an interview with The Vincentian on Monday.

Last Friday's The Vincentian Page 1 story 'Free up ganja' quoted Dougan as saying, during a sitting of the Kingstown Magistrate's Court, "We are trying to stifle our people, I think they should seriously think of decriminalizing the growing and sending abroad of marijuana."

Dougan went on to say, "If I was in government I would negotiate with the Netherlands to supply them with marijuana."

The magistrate was at the time adjudicating a drug matter. He reprimanded and discharged a youngster for being in possession of a partly burnt marijuana cigarette after saying earlier 'nobody is going to get me sending people around there [jail] for smoking a little spliff."

During the interview on Monday, the acting DPP stressed that Dougan, who served as Attorney General under the James Mitchell administration, is an experienced lawyer.

"I don't think anybody would just speak off his head like that. He would have reflected on what he said beforehand," Williams said.

Williams however pointed out that when one considers the many social ills that are linked to the drug trade, Dougan's views might well be buried.

The acting DPP pointed out that decriminalisation, as opposed to legalisation, of marijuana has always been a topical issue not only in St. Vincent and the Grenadines but also in Jamaica and other jurisdictions.

He however expressed confidence in the local judiciary.

"I am not worried about any judicial officer's views; all judicial officers have views. In fact, every one of us have views, but I am confident that the law will be upheld," Williams said.

Williams underscored that although every judicial officer has discretion, they are obliged to follow sentencing guidelines regardless of their personal views.

He noted that the Court of Appeal has been given sentencing guidelines and that based on our interpretation of the Common Law System those guidelines will be maintained.

"Some people will agree, some will disagree, but let us have a constructive and intelligent debate," the acting DPP told The Vincentian.

He said that he has some degree of tolerance for someone who is caught with a marijuana cigarette if he or she has a clean record or pleads guilty. However, he feels that persons who are caught with large quantities of marijuana should go to prison even if he or she has a clean record because in this case the question of drug trafficking arises.

During a number of court sittings Dougan, as a lawyer, had called for the marijuana laws to be revisited.