Theft of electricity alleged

Press, 10 April 1987, Page 4

Theft of electricity alleged

The theft of electricity worth $23,453 from the Municipal Electricity Department, arising from

the use or a "sophisticated” concealed growing unit for cannabis plants on his property, was alleged in the District Court yesterday against a selfemployed man, aged 39. After a preliminary hearing of evidence of prosecution witnesses, Mr C. W. Crawford and Mrs C. M. Holmes, Justices of the Peace, held there was sufficient evidence to commit the man for trial on all three charges he faced.

The charges were of cultivating cannabis plant on January 26, possessing cannabis plant for sale or supply on the same date, and fraudulently consuming electricity worth $23,453 belonging to the M.E.D., thereby committing theft, between September 1, 1985, and January 26 this year. The defendant, who was granted continued interim suppression of his name at the request of defence counsel, Mr K. N. Hampton, was remanded on bail pending a date for trial by jury in the District Court on all charges. His defence was reserved. Police witnesses de-

tailed evidence in relation to what the prosecutor, Sergeant M. J. South, said was a “sophisticated growing arrangement” for cannabis.

Detectives gave evidence of visiting the defendant’s property with a search warrant on January 26 and of finding in the garden area beside a shed a tarpaulin covering stacked bales of hay. On removing some of the bales the detectives found an enclosed area with tiers of shelving. Through a small opening a smaller shed area was found. An M.E.D. consumer services department engineer, Angus McAlpine, gave evidence of being called by the police to inspect the shed and lighting system. He said that M.E.D. records showed that a temporary connection had been made to the property on April 27, 1985, for a produce shed. This was discontinued on August 16 that year and the revenue meters were taken away and the connection deleted from the records.

His inspection in January at police request showed a substantial

amount of wiring installed in the shed including a new mains switchboard and circuits to 260 individual fluorescent light fittings, which were mounted above racks of plants. An unauthorised connection had been made through the unused supply cable.

All the work had been done without wiring permits and without the M.E.D.’s knowledge. Mr McAlpine said the original power supply had been installed until August 2, 1985. Electricity supply to the illegal connection must have started at some later date.

He produced a schedule assessing the amount of electricity used, from September 1, 1985, until January 26 this year, as 190,942 units, valued at $23,453.

Other evidence was that 1818 plant pots were found in the eight areas of shelving. Of these, 984 pots contained stalk and leaf material.

Stalk, stem, and root material and leaves from the plants were recovered, and amounted to more than I.6kg. In addition, two bags of plant

material, weighing 59g and 6.18 g, were found.

An ammunition box containing plastic bags was found in the shed.

Mr Hampton submitted in relation to the charge of theft of the electricity that there was no case for the defendant to answer. There were far too many assumptions and conjectures in the prosecution case, in alleging the theft of more than $23,000 worth of electricity.

There had been no evidence of what date the lighting was connected, and the calculations were made on the assumption that the 260 lights were switched on every day, 24 hours a day, from September 1, 1985, until January 26 this year. This assumption ignored evidence of time switches being in use, and the fact that the police had had to switch on the power at the main to begin their search.

The calculations also had assumed the lighting over every shelf being in use, yet one shelf was empty of plants and was unlikely to have required lighting throughout the nearly 17 months alleged.