Heroin user's £800 "life savings" temporarily seized by court

Saturday 09 March 2019

A heroin user who protested that precise digital scales in his home were not for weighing drugs - despite having traces on them - has had his "life savings" of £800 temporarily seized by the Royal Court until he completes a probation order.

Paulo Duarte Pinto (47) was charged with one count of "possession of a utensil for the purpose of committing an offence" against the island's drug law.

He had originally been arrested on suspicion of being knowingly concerned in the supplying of controlled drugs along with another man, who was carrying heroin.

Pinto said he had agreed to give the man a lift but that there had been no mention of drugs. He later admitted he had thought that if he helped the man, he might be able to get some heroin from the man, with whom he had smoked heroin before, as he was “connected” and knew people from prison.

Pinto confessed to smoking heroin “about once a month”, explaining he would buy £50 worth at the time and smoke it in "two goes". 

Pictured: Police officers found £800 in cash in Pinto's car.

Police officers found £800 in cash in Pinto’s car which he said were his life savings. He explained he felt his car was the safest place to keep his money because he didn’t trust the people who came into his home.

When searching Pinto’s house, officers seized a set of small electronic scales. Pinto said they were “from years ago” and that they would not have any traces of heroin on them as he never used them to weigh heroin he bought and didn't sell heroin either.

However, analysis showed traces on the scales. A drug expert later told the court that they were designed for weighing small quantities - accurate to the milligram - something not commonly associated with “any domestic or household purpose".

The expert said the results of the analysis were “entirely inconsistent” with Pinto’s account, saying it is unusual for users to weigh deals as most transactions are done by sight. “Most dealers would not tolerate a prospective purchaser weighing a deal therefore they are most commonly in the possession of those who acquire quantities for onward distribution,” he added.

Pictured: Analysis showed that there were traces of drugs on the digital scales found in Pinto's house.

The prosecution eventually dropped the charges regarding Pinto’s involvement in the supply of drugs “on the basis that it was not in the best interests of the public to pursue that count to trial".

Crown Advocate Conrad Yates told Court that the charges against Pinto were most commonly “disposed of” within the Magistrate’s Court by way of a fine. Following suggestions made by the probation service, he recommended a six-month probation order and that Pinto’s £800 be held “to encourage him in his probation work”.

Defending, Advocate Martin Elks, told court that the drug expert’s statement was prejudicial and misleading and should be discarded for the purpose of sentencing.

He said that electronic scales were not illegal perse, and that it was incorrect to infer that by possessing some Pinto was involved in drug trafficking and distribution. “This is simply not accepted,” he stated.

He said that Pinto was willing to submit to probation and to voluntarily deposit his savings with the probation service.

Pictured: Pinto denied ever dealing drugs.

Returning the Court’s sentence, the Bailiff Sir William Bailhache, who was sitting with Jurats Steven Austin-Vautier and Anthony Olsen, said that the scales might have been used “for dealing or checking the quantity drugs to ensure you hadn’t been shortchanged".

He reassured Pinto he wasn’t being sentenced on the basis of selling drugs, telling him: “The record that you have shows that you had some difficulties years ago but since 2005 you have had a good record."

"You seem to be somewhere near a crossroads you can go one of two ways,” he added, telling Pinto that carrying on using drugs would lead him back to court while giving them up would avoid that.

He imposed a 12-month probation order so that Pinto could get “assistance” and ordered for the £800 to be placed under the control of the Viscount. “After successful completion of the probation order, they will be returned,” the told Pinto. “It is an additional incentive to ensure you comply with the conditions of the order.”

The Bailiff also ordered for the scales to be destroyed.