Man sent for trial on drugs, arms charges

Press, 3 December 1987, Page 24

Man sent for trial on drugs, arms charges

Trial by jury in the High Court will be faced by a man at whose property in Lower Styx Road, Brooklands, the police found 296 small cannabis plants, cannabis seeds, cannabis oil, and equipment for the extraction of cannabis oil. A cut-down shotgun was also found, dismantled, in a loft above a garage, according to evidence heard in the District Court. After a preliminary hearing the defendant, Brian Robert Stewart, aged 29, a freezing worker, was committed for trial on five charges. They were of cultivating cannabis plant, manufacturing cannabis oil, possessing cannabis oil, and cannabis plant, for sale or supply to others,

and unlawfully having a pistol — a sawn-off shotgun. Messrs J. H. Christensen and C. E. R. Wise, Justices of the Peace, remanded Stewart on bail pending a date for his trial. Mr P. B. McMenamin, who appeared for Stewart, reserved his defence. Detective Sergeant P. J. Parsons prosecuted.

Prosecution evidence was that the police searched Stewart’s property on September 27 and found the plants, seeds, cannabis plant, equipment, and dismantled shotgun.

Evidence was that the 296 seedlings ranged up to 12cm, with most being much less than this. The quantity of cannabis plant found was 2.218 kg and the

amount of cannabis oil 15.4 g.

A forensic scientist with the D.S.I.R. said the materials and equipment she examined were consistent with that used in the manufacture of cannabis oil from the plant. Her opinion was that it had been used in the manufacture of the drug. The cost of the scientific examination and analysis of the drugs and equipment was $9900, according to evidence. Detective P. M. Boyd gave evidence of interviewing Stewart, who said he was not selling the drug. He smoked a lot of cannabis.

He smoked just the heads of the plants, which was very little of the total plant. The rest was “rubbish” and he used this to

make oil. He said the dismantled shotgun found in the garage loft was from his father’s farm, and he took it after his father’s death. Cross-examined, Detective Boyd said eight policemen were involved in the search. It was a thorough and exhaustive search, aimed at stopping the growing and distribution of the drug.

He said he had been told the gun, when found, was “in pieces.” The witness agreed the cannabis was found in rather large bags. He said also that there were no items found, such as plastic bags or scales, to indicate drug selling. Neither were any lists or "ledgers” of drug transactions found.