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News (Media Awareness Project) - UK: Musician's Charge Highlights Drugs Row
Title:UK: Musician's Charge Highlights Drugs Row
Published On:2001-07-10
Source:East Anglian Daily Times (UK)
Fetched On:2008-01-25 14:32:59
MUSICIAN'S CHARGE HIGHLIGHTS DRUGS ROW

A Suffolk musician will today highlight the nationwide debate over the
legalisation of cannabis when he appears in court charged with possessing
the drug.

John Ramirez, who admits he smokes cannabis, will appear before Ipswich
magistrates this afternoon. Detectives found a "small lump" of the drug
during a raid at his Ipswich home, but Mr Ramirez says he will be denying
the charge -- claiming police have infringed his human rights.

Last night, he argued officers were wrong to raid his home and seize the
drug, and believes their limited resources would be better deployed
targeting "real" criminals.

Suffolk Constabulary last night said they treated all drug offences
seriously, and took appropriate action in relation to their severity.

The case comes at a time when the national debate over the legalisation of
cannabis continues to rumble.

Some people argue cannabis should be legalised, as it is in some European
countries, and that police efforts should be aimed at so-called "hard" drugs.

But others say to legalise cannabis would be a dangerous step towards
legitimising drug use, and that cannabis usage can lead to abuse of
"harder" drugs such as heroin and cocaine.

Mr Ramirez, 36, will plead not guilty to a charge of possessing a Class B
drug when he appears at South East Suffolk Magistrates' Court in Ipswich
this afternoon, using legislation from the European Convention of Human
Rights as his defence.

The multi-talented instrumentalist, a performing arts student at Suffolk
College, believes his basic human rights have been infringed after
discovering police had raided the home he shares with his wife and
eight-year-old son in east Ipswich on Thursday evening.

After being charged and summonsed to appear in court today, Mr Ramirez
said: "I am being made to feel like a criminal for smoking cannabis in the
privacy of my own home. Why aren't the police putting their resources into
dealing with the real criminals?"

The performing arts student, who is also a qualified chef, criticised the
proceedings against him which come as some senior politicians are calling
for cannabis to be legalised.

Last week, the Metropolitan Police began a "radical" experiment in the
London borough of Lambeth, meaning people caught in possession of the drug
will not be prosecuted.

Mr Ramirez said he discovered the extent of the police raid after returning
from a folk music night with his wife at the Steamboat Tavern pub on Thursday.

"They had found a small lump of cannabis inside a tin in the kitchen. They
were heavy handed and excessive and I feel like my home has been raped --
although they were within their rights," he said.

Similar cases where defendants are using the Human Rights Act of 1998 to
argue their case against possession charges are taking place across the
country, and Mr Ramirez is determined to plead not guilty to the charge
after receiving a caution in an almost identical situation two months ago.

His defence is based upon article eight of the act -- the right to respect
for private and family life.

"This is standing up for the rights of the people to smoke cannabis in
their own home. I use cannabis for concentration and inspiration -- it
helps me relax at the end of the day and to concentrate on my work as a
musician and as a performing arts student," he said.

"I was so surprised when that amount of resources were used to find such a
small amount of cannabis. How much did that cost them? There are heroin and
crack dealers out there -- why are the resources not going towards catching
them."

Mr Ramirez is a familiar figure in the town's music scene, playing
melodian, keyboards and guitar with local bands Kwerk and Pay The
Reckoning. He also writes music for theatre productions but said the stress
and fear caused by the police raid had made his family feel like selling up
and leaving.

But Alun Buffry, of the Legalise Cannabis Alliance, said top barristers
felt Mr Ramirez and defendants facing similar cases had an "excellent
chance" of successfully using the human rights defence.

"Our view is that the police are infringing upon article eight by going
into people's homes for such small amounts of cannabis. Unless they are
threatening security or public health there is no cause for police to be
taking that course of action," he said.

Suffolk Constabulary declined to comment on Mr Ramirez's case but a
spokesperson told the EADT: "We treat all drug offences seriously. As with
all crime, the action taken depends on the nature and severity of the
particular offence.

"Suffolk's prosecution and diversion policy, which has been in place for
several years, is designed to give investigating officers the flexibility
to treat all offenders appropriately, including those who commit drug
offences with the intention of preventing re-offending."
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