'HIGH PRIEST' JAILED AFTER CANNABIS APPEAL TURNED DOWN

Cannabis campaigner Gershwyn Smith, who walked free from court despite
possessing a huge stash of the drug, has been jailed for four years after
the Court of Appeal ruled a judge was wrong to treat him differently from
other users just because of his beliefs.

Smith was found with 2173 grams of cannabis and 545 cannabis plants at his
home in Spanish View Road, Smith's, in January 2001, and was fined $30,000
in February when he pleaded guilty to possession and cultivating the drug.

Smith, who is also known as High Priest Mohatma Shiloh Mhadi, told the
court in February that cannabis was part of his religion and that he used
it for medicinal purposes, food and sacrament.

Fining the six-time parliamentary candidate, Puisne Judge Archibald Warner
said he did not want make Smith a "martyr" by locking him up.

But the Court of Appeal has ruled Smith should be jailed for four years for
cultivation and two years for possession, running concurrently, on the
grounds that "the sentences imposed by the judge were wrong in principle
and they are manifestly inadequate".

"No convincing reason has been shown why the Respondent (Smith) should be
treated differently from anyone else," wrote Appeal Court President Sir
James Astwood in his ruling.

"Because the Respondent holds the opinions which he has expressed in his
mitigation speech, this is not sufficient reason why he should be given
preferential treatment."

The Crown, which accepted the cannabis had been for Smith's use and was not
for supply, appealed against the fine, and urged the Court of Appeal to
jail Smith for between 18 months and three years. At trial, the Crown had
asked for a sentence of five to seven years.

The Crown had also argued that not jailing Smith would send a message to
Bermudians that cultivation of cannabis is not taken seriously.

Sir James wrote: "The Respondent has not shown any remorse. Rather, he has
shown a contempt for the laws of Bermuda which are in place to govern the
social conduct of our citizens.

"The judge had to have a good reason to depart from what is expected, and
he has not demonstrated to our satisfaction that he had such reason.

"To depart from the norm and make an exception in the Respondent's favour
would lead other members of our community to feel a sense of grievance when
they consider that the Respondent is treated differently from others who
are sentenced for like offences."

Smith had told Supreme Court: "I am a priest of the word of God, a botanist
and a farmer. I am not a jurist or a chemist. My herb was for personal use
and the benefits are physiological not criminal.

"It stabilises my metabolism, impedes anxiety, reduces despondency, and
most of all, it aids in the relief of pedestrian paralysis, that is, it
alleviates the severity of muscular cramps in my legs and feet occurring.

"In this case, I am both the accused and the victim. These charges are
unethical, barbaric and unchristian, and they demonstrate gross impiety and
blasphemy, for I am a teacher of righteous (sic) and an example of fidelity."