Police Suspicions Rejected By Court

Press, Volume CII, Issue 30269, 23 October 1963, Page 14

Police Suspicions Rejected By Court

(New Zealand Press Association)

AUCKLAND, October 22.

A strong protest against allegations in a police summary that a man charged with possessing a dangerous drug was suspected of drug trafficking was made by Mr P. M. Salmon in the Magistrate’s Court at Auckland today.

Mr Salmon was representing Lachilan Henry Jamieson, aged 36, a clerk, who was appearing for sentence after pleading guilty last week to a charge of possessing a dangerous drug, marijuana. After hearing long submissions, Mr A. A. Coates, S.M., said he accepted that Jamieson was an addict and no evidence had been given of trafficking.

He was fined £5O. Earlier in the day the Magistrate had delayed sentencing Jamieson until two aspects of the case were clarified. These were: Was Jamieson in any way distributing marijuana to other people or was it being used solely for his own purposes? What was the significance of Jamieson’s action in interrupting bis wife’s telephone call and saying: "They have found some in the ceiling. I’ll try and cop a plea?"

The Magistrate said that comment could mean Jamieson was trying to warn someone that dangerous drugs had been found and that he would “take the rap." The Court could not pass sentence until these questions were answered.

Police Suspicions When the hearing resumed Sergeant J. D. O'Connor said the police summary of the case stated that Jamieson was strongly suspected of trafficking in drugs. A constable was available to give evidence on oath of these suspicions. Mr Salmon said he protested most strongly against these allegations in the summary concerning suspicions of trafficking. If the police had evidence of trafficking

the® they should charge accused with this offence.

“I aim sure the police would not bring a man into Court on an assault charge and say that they strongly suspected him of committing murder,” said Mr Salmon. It was strongly denied Jamieson had trafficked in drugs. The Magistrate said any evidence to clarify the position was desirable and essential in order to do justice to Jamieson. Jamieson was charged with an offence which canned a maximum penality of seven years’ imprisonment. Mr Salmon said it was a very serious allegation to make and a matter to which Jamieson was entitled to a | full and complete trial. Jamieson was not in a position to rebutt it. Sergeant O’Connor sand information for the case had come from informants and should they have to be called, the police would seek privilege tor these persons. No Evidence Sergeant O’Connor told the Court there was no evidence of drugs trafficking by Jamieson. A solicitor, Murray Joseph Tanner, said Jamieson had spoken to him on the telephone the morning Jamieson was arrested. He could not recall the exact words Jamieson used, but it was along the lines of something being found and trying to "cop a plea,” as outlined in the police summary. Mr Salmon said the small amount of marijuana found at Jamieson's home were remnants from the time when Jamieson was trying to withdraw from a more serious drug, opium. Jamieson had become addicted to drugs at the age of 21 or 22 while he was working as a musician in the United States. He was willing to take such treatment as was necessary to crush ths addiction.

Mr Salmon said Chinese addicts in Auckland were usually fined and thus should be the case with Jamieson. To send him to prison would be to turn back the clock. Grew Marijuana The Magistrate asked if Jamieson had given any reason for growing marijuana plants from seed. Mr Salmon said Jamieson bad planted the seeds m a foolish attempt to see if they would grow. There was no other real reason for the experiment and it was the stupid kind of thing a drug addict would do.

Sentencing Jamieson, the Magistrate said that if he had been satisfied Jamieson was supplying others with drugs, he would not have hesitated in sending him to prison as he would have deserved.

The Court could appreciate the difficulties faced ay the prosecution in a case of this sort.

The possession of marijuana was viewed seriously by the law.

Having accepted that Jamieson was an addict, he waa obliged to treat him leniently in the hope that he could master hie addiction.

The Greek team which is making a documentary film on Alexander the Great's campaigns has arrived in Afghanistan, where it will take shots in Nuristan, a district inhabited by Kafir tribes, w’ho claim descent from Alex, ander’s soldiers.—U.N.ES.C O.