ROYAL COURT
(Samedi Division)
28 October 1999
Before: F C Hamon, Deputy Bailiff, and
Jurats Potter, and Le Brocq
AG
-v-
Andrew Charles Marolia
13 counts of: larceny (Counts 1 - 13 inclusive);
1 count of : possessing firearms and ammunition, without a valid certificate, contrary to Article 3(2)(a) of the Firearms (Jersey) Law 1956
(Count 14);
1 count of: possession of a controlled drug, contrary to Article A.6(1) of the Misuse of Drugs (Jersey) Law 1978.
Count 15: cannabis resin.
Age: 37
Plea: Guilty
Details of Offence:
Counts 2 to 13:
Marolia was employed as a Registered Staff Nurse in charge of the Corbiere Ward (an acute medical ward with 28 beds ) at the General Hospital. Between the end of 1998 and 17 April 1999, Marolia stole syringes, insulin, solutions, and drugs from the ward. Ten loaded insulin syringes with needles found in bedside cabinet, following a search of his home.
Count 14:
Marolia was found in possession of 6 firearms and approximately 600 rounds of ammunition in a locked gun cupboard in his bedroom. Five of the weapons were listed on a firearms certificate which had expired on 19 October 1998. The sixth weapon (not listed on the firearms certificate) was an ancient air rifle in a non-operational condition. The keys to the locked gun cupboard were kept on a shelf in a nearby wardrobe in full view of anyone entering the room. Some loose ammunition was recovered from the wardrobe.
Count 15:
Cannabis resin weighting 18.20 grams ( approximately 1 ounce ) also found in wardrobe. The cannabis had been given to Marolia by a patient who was being treated at the Hospital.
Count 1:
Also recovered from the wardrobe was a Philips radio transmitter receiver valued at £500 the property of the Defence Committee, which Marolia, ( a former Police officer) had stolen from Police Headquarters in 1993.
Details of Mitigation:
Pleas of guilty. Co-operative with the police. Answered questions, gave access to bank account, medical records and offered to supply blood and urine for the purposes of drug tests. Insulin and potassium chloride solution taken from hospital because Moralia was contemplating committing suicide by injecting insulin and then potassium chloride solution (which would prevent his heart being re-started). Cannabis was to be used to mask pain when he injected the potassium chloride solution. Suffered, and suffers, from Post Traumatic Stress Disorder Syndrome following his time as a combat medic in the Gulf War (and in particular the time he spent in air raid shelters avoiding scud missile attacks). Probation Report, Forensic Nursing Report (Ian Dyer), Psychological Report (Dr. Sharkey) all recommend treatment rather than punishment. Police radio was a "memento" (battery flat when found in wardrobe) no ulterior motive for possessing radio. Drugs not to be sold for a profit. Glowing references from wide cross section of community, including patients, relatives of deceased patients, and a retired police sergeant. Remorse, apology.
Previous Convictions: No previous convictions.
Conclusions: 1 year unsupervised probation: 80 hours Community Service.
Sentence & Observations of Court: Conclusions granted.
Extensive mitigation. Court, having noted that defence counsel concurred with Crown’s conclusions, granted conclusions. Court concerned that Marolia would not have access to weapons in view of Marolia’s mental condition and advised by defence counsel that Marolia would be selling guns and by Crown that guns would be held at Police Headquarters until sale to a bone fide purchaser.
P Matthews, Crown Advocate
Advocate C G P Lakeman for the Accused
JUDGMENT
THE DEPUTY BAILIFF: Many of these facts are as disturbing as any matter that has come before this Court. Fortunately no physical harm has been suffered by anyone, because the hospital had alerted the police to a problem which turned out to be less serious than it first appeared, after explanations had been given.
The Crown and Defence Counsel, Mr Lakeman, have had the most detailed reports prepared and Marolia, we are assured, is going to receive continuing medical help after today.
His references that we have seen, we have to say, are formidable. They have come from all walks of life, including former patients, and we have spoken again with Mr Durban. We feel that as the Crown’s conclusions are not opposed by Mr Lakeman, we can safely grant them. We are going to sentence you to 1 year unsupervised probation and 80 hours Community Service.
No authorities