Cannabis grown in special attic

Press, 14 December 1983, Page 12

Cannabis grown in special attic

A man who allowed the attic at his home to be used by his brother to grow cannabis was convicted and fined $lOOO by Judge Bradford in the District Court yesterday. The Judge told Paul Francis, aged 25, a furnaceman (Mr D. C. Fitzgibbon), that the offence carried a maximum penalty of three years jail. Francis pleaded guilty yesterday to a charge of cultivating cannabis, after initially pleading not guilty.

But for the defendant’s co-operation and assistance the alteration to the house would not have occurred.

“You earn good money and work long hours and there appears to be no reason for you to become involved,” said the Judge. Sergeant C. G. Jones said that between January 1 and June 16 the defendant and his brother constructed a specially fitted “room” in the attic in which the brother grew cannabis. When the police executived a search warrant in June they found a sophisticated operation: the foil-lined room, heated by six fluorescent lights, contained 20 cannabis plants, one metre high.

Access to the room was gained by specially constructed steps up through a

chimney, the extrance to which was through the rear of a wardrobe, said Sergeant Jones. Francis admitted helping to construct the special room, he said. According to Mr Fitzgibbon the action of his client was “a case of wilful blindness.” Francis did not use cannabis.

In helping his brother be realised what the room was intended for, he said.

Mr Fitzgibbon said the brother had been jailed for three months after being convicted of cultivating cannabis and selling a quantity of the drug for $9OO to an undercover policeman, in March.

As a result of the case, the police became aware of the assistance of his client. $1250 FINE

A man appearing for sentence on what was his third offence of driving with an excess blood-alcohol level was fined $1250. Kevin Barry Nichol, aged 23, a process worker (Mr M. J. Glue), had admitted the offence. A breath test resulted in a reading of 600 micrograms per litre of breath. In addition to the fine, Nichol was disqualified from holding or obtaining a driver’s licence for three

years. The Judge ordered that the fine be paid at the rate of $5O a week. PEEPING CHARGE

A psychiatric report will be obtained on a man charged with unlawfully peeping into a house by night in King Street, and stealing a pair of panties and two pairs of pantyhose. The defendant, aged 23, unemployed, was remanded at large to January 24. He did not plead. On the application of a duty solicitor (Mr C. D. Eason), the defendant was granted interim suppression of his name. DEPOSITIONS

Two men charged with burgling the Brighton Mall premises of Hallenstein Bros, Ltd, and assaulting a policeman in order to escape from the scene of the crime were remanded in custody to December 20 for the taking of depositions. They are Stephen John Rayner, aged 33 (Mr D. C. Fitzgibbon), and Brent Rory Coulston, aged 27 (Mr K. J. Grave), both unemployed. Bail was initially opposed by the prosecution because a policeman was assaulted with a hammer during the burglary and because of concern about the many assaults on policemen called to the scene of burglaries.