Pubdate: Tue, 28 May 2002
Source: West Australian (Australia)
Copyright: 2002 West Australian Newspapers Limited
Contact:  http://www.thewest.com.au
Details: http://www.mapinc.org/media/495
Author: David Darragh

COURT REJECTS DOPE PAINKILLER PLEA

A MAN caught growing 80 cannabis plants in a backyard hydroponic set-up at 
Thornlie claimed in the District Court yesterday that he intended to smoke 
the crop to alleviate pain from a shoulder injury.

But Judge Paul Healy rejected the man's claim as fanciful.

Judge Healy ruled that Rodney Alexander Smith, 37, had intended to sell or 
supply most of his drug crop, which had an estimated street value of more 
than $100,000. He did not believe Smith was as heavy a cannabis user as he 
claimed.

Smith, now of Forrestdale, had pleaded guilty to cultivating the cannabis 
with intent to supply. But he faced a trial of issues yesterday after 
denying an intention to sell the cannabis as part of a commercial operation.

After a three-hour hearing, Judge Healy found Smith guilty of cultivating 
cannabis with intent to sell or supply.

Smith, a wall and ceiling fixer, was sentenced to a two-year jail term 
suspended for two years. The maximum penalty for the offence is 10 years 
jail and a $25,000 fine.

Judge Healy said Smith had set up a commercial enterprise to sell or supply 
cannabis. The offender's explanation for the crop was not credible.

"It just seems to me to be fanciful," he said.

During the trial of issues, the court was told that police uncovered the 
hydroponic set-up and 80 cannabis plants in a shed in Smith's backyard in 
Anderson Way, Thornlie, during a raid on September 27 last year.

Questioned by defence lawyer Vesna Amidzic, Smith told the court that he 
took painkillers and smoked cannabis heavily after a failed and painful 
shoulder operation early last year.

Smith said he had intended to smoke the cannabis crop with his fiancee.

He estimated that they smoked about 28g to 42g of cannabis each week at the 
time.

Cross-examined by prosecutor Brett Tooker, Smith said an acquaintance had 
rigged the mains power in the house to avoid detection by Western Power.

Smith is in custody in relation to a driving offence.
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