Pubdate: Wed, 16 Mar 2005
Source: Sunday Times (Australia)
Copyright: 2005 Times Newspapers Ltd
Contact: http://www.sundaytimes.news.com.au/letters/letters.html
Website: http://www.sundaytimes.news.com.au/
Details: http://www.mapinc.org/media/438
Author: Holly Nott

CONVICTION OF AUSTRALIA'S OLDEST DRUG TRAFFICKERS STANDS

AUSTRALIA'S oldest drug traffickers have failed in an appeal against
their convictions for possessing cannabis estimated to have been worth
up to $264,000.

World War II veteran David William Sidney Davies, 81, and his wife
Florence Gladys Davies, 77, now face the prospect of having their West
Australian home seized under the state's tough proceeds of crime laws.

The pair, who have been married for 58 years, last year received
suspended sentences after a jury in the District Court found them
guilty of two counts of possessing cannabis with intent to sell or
supply.

During the trial, the court was told 18.7kg of the illegal drug was
found above a false ceiling in the couple's Carlisle home, in Perth's
southeast.

A further 300 grams was found in an ice-cream container under their
bed, and $7000 cash was found hidden under the driver's side seat of
their car.

When questioned about the drugs found in their bedroom, Mr Davies told
police it was used to relieve Mrs Davies' back pain.

However, the jury accepted the prosecution's case that the Davies had
allowed their son, Tyssul Davies, to store the cannabis in their home
and had given him a key to allow him to retrieve it when he wished.

Tyssul Davies was arrested the morning his parents' home was searched
and subsequently pleaded guilty to possession of the 19kg of cannabis
with intent to supply or sell.

The Davies appealed last month to the WA Court of Appeal on the
grounds that the verdict was unreasonable because they could not be
deemed to be in possession of the drugs with intent to supply it to
their son when Tyssul already possessed it.

In a unanimous decision delivered yesterday, Justice Christopher
Steytler, Justices Len Roberts-Smith and Carmel McLure dismissed the
appeal.

"In my opinion there is ... no reason why all three family members
should not have been found to have been in possession of the drug for
the purposes of the act," Justice Steytler said.

Mrs Davies, who was not in court, declined to comment on the appeal
outcome.

The couple's lawyer, Laurie Levy, said he was disappointed by the
failure of the appeal but said it highlighted the need for changes to
the confiscation laws.

"The law says that once they are declared a drug trafficker the DPP
can then move to confiscate their assets," he said.

"My view is in these circumstances where it is said that they gained
$7000 by the commission of this crime it is inequitable where they
stand to lose a family home that they have owned for 50 years."

He said he had been instructed to appeal to the High Court, and papers
would be lodged within the next 28 days.

"I don't really think that anyone wants to see two pensioners turfed
out of the home that they have owned for 50 years when it is not
suggested that they derived the home from the commission of any
crime," he said.

DPP confiscations unit manager Christian Porter said if a High Court
appeal was lodged, no action would be taken in relation to the
Davies's assets until it was resolved.
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