Cannabis case hangs fire

Waimarino Bulletin, Volume 4, Issue 19, 7 October 1986, Page 11

Cannabis case hangs fire

The following defended case was heard in the Ohakune District Court on Friday 26 September. Judge E.W. Unwin presided. Sergeant Neil Coker appeared for the police. * ★ # Duncan Neil Fyfe, 22. selfemployed refrigeration engineer of Wellington, appeared on a charge of possessing cannabis plant and cannabis seed for supply at Rangataua on 9 May. He pleaded not guilty and was represented in Court by his Wellington counsel, Mr Donald L. Stevens. Defendant had been remanded from the July sitting. The first prosecution witness was Constable Lane Fluit. a police doghandler from Wanganui. He testified that he went to a Rangataua address on 9 May with his dog. Czar, and Raetihi constable Trevor Pullen. His dog. trained in tracking and the location of narcotics. reacted positively to a small army-style pack on the rear seat of a Peugot car parked on the property. The dogalso located a larger canvas pack in the boot of the same vehicle. Both packs were produced as exhibits in Court. In the smaller bag a tobacco tin was found which contained what appeared to be cannabis material. mainly seeds. The larger pack had two plastic bags within it containing what appeared to be cannabis leaf. Raetihi constable Trevor Pullen was the second prosecution witness.

He said that when he and the previous witness arrived at the Rangataua address in a police-marked car, he had seen defendant run away to an adjoining section. Defendant had only reappeared when the policedog Czar started to track him. He subsequeijtly questioned the defendant. To the question: Where did you get the cannabis? defendant replied: "Up the East Coast near Gisborne." To the question: How much did you pay for it? defendant replied: "$500 — it's the end of the season." To the question: What do you intend to do with it? defendant replied: "It's my supply for the season." To the question: Is the car yours? defendant replied: "Definitely." To the question: Why did you run away? defendant replied: "Because I thought someone had arrived to give me a hiding." Constable Pullen later weighed the contents of the two packs at the Raetihi police station. The tobacco tin contents weighed 30gms. The contents of the two plastic bags weighed 880gms (3loz). A sample was taken from each and sent by registered mailtothe DSIR foranalysis on 20 May. The next prosecution witness was Myra May Currie. a clerk at the DSIR. who gave evidence that she received the samples from Raetihi in sealed packages by registered mail on 30 May. She identified the exhibits in court as those same packages. Dr Alan Stowell. drug analyst in the chemistry division of the DSIR at Gracefield, testified that he had carried out an analysis of the contents of the two sealed packages on 10 June. He found the contents of

the larger pack consisted mainly of cannabis plant material while the smaller pack consisted of a mixture of seed and plant material. He estimated that the tobacco tin contained about 1600 seeds. He agreed. under cross-exam-ination. that the potency of cannabis seed was much less than cannabis leaf and would therefore not be much sought after. He also agreed, under cross-examination. that anyone eating cannabis leaf rather than smoking it. would require a great deal more to produce the same effect. The final prosecution witness was Detective Senior Sergeant Peter Scott of the drug squad in Wanganui. He provided general background information about the drug scene including what wasconsidered to be the number of cannabis "joints" smoked by the average and heavy uscr. He estimated a heavy user would smoke "about 5-6 cigarettes a day." Asked to estimate how long the amount of cannabis plant material found at Rangataua on 9 May would last a heavy smoker. he replied: "Three-and-a-half to four years." He did say however under crossexamination that the cannabis seed material had very little commercial or marketable value. Defence counsel then submitted that therc was no case to answer on the charge of being in posscssion of cannabis seed for the purpose of supply and Judge Unwin agreed that there was "not much of a market according to expert witnesses." That charge was therefore dismissed. The defendant himself was next to give evidence. He admittcd to having . started smoking cannabis at the age of 14 while still at school and to becominga heavy smokerafter leaving school. smoking about 5:6 a day. He said he was able to get about 30 cigarettes from a 28gm (loz) deal bag for which he would pav between $30-$200 depending on the time of vear. He said that he had obtained the cannabis in question from the East Cape region about five days before he wasarrested in Rangataua. Defendant said that he often cooked with cannabis and had bought this particular deal bag for $500 intending to prepare such dishes as salads. cakes. stirfries and casseroles for the 40 or 50 guests he had invited to his 22nd birthday party in Wellington some five weeks later. He estimated he would use about three-quarters of it on that occasion. the rest he would smoke himself. He said that anyone eating. instead of smoking. cannabis would consume about 5-10 times the amount. He denied any intention of selling the cannabis or supplying it to persons under the age of 18 years. Asked how he could be certain that no-one coming to his birthday party was under the age of 1 8 he said he knew most of them personallv 'and always preferred people of is own age or older anywav. Under cross-examination defendant claimed that he had been a heavy smoker during three of his four-year aprenticeship as a refrigeration engineer. Healsoadmitted to having a younger brotherf 16) and sister ( 1 8) but said he would not have invited

them to his birthday party. Defence witness Eion C'urtis Jury of Wellington gave evidence about the rolling of six diffcrent diameter cigarettes which he then weighed and photographed as part of the defence case in ascertaining the quantitv of cannabis in each cigarette. Vivienne Anne Bell. a student at Victoria University. said that when flatting with defendant in Wellington. she saw he was a heavy smoker and alsp said that he used to cook with cannabis and gave dinner parties at which she saw ot her people eat food prepared with cannabis. Andrew Gregory Mardell. saies rcpand ski instriictorof Wellington, said he had been a friend of the defendant since they were at school together. He said he knew defendant started smoking at school (Onslow College) and was a heavy smoker. He had attcnded one dinner party given by defendant where he knew cannabis had been used in the cooking. Peter Desmond Fitzgerald. carpenter of Rangataua (at whose address defendant had been apprehended) said that he had often seen defendant smoking and cooking with cannabis. He estimated defendant smoked between 6-10 joints a day and would often use cannabis leaf in such things as omelettes. Asked undcrcrossexamination how much cannabis he reckoned defendant used in that dish. witness replied: , "about two ounces." 1 Asked how much an ounce of cannabis would cost witness said: "between $50 and $300" depending on the time of vear. For the prosecution sergeant Coker said that would make it "a very expensive omelette $100 at the very least!" The last defence witness was Elizabeth Anne Fyfe. registered nurse and mother of the defendant. She said she knew that her son had started smoking cannabis while still at school and had beena regular user since then. She also knew that he used cannabis leaf in cooking. She confirmed that her son preferred the company of older persons. Following the hearing of oral evidence. defence counsel said that he wa.nted to present a written submission. He'was given three weeks to do soand the police were given a further three weeks to reply. Defendant was remanded at large to appear in the Wanganui District Court on 14 November.