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Man claims right to smoke cannabis

Posted: Wed 20th Jun 2007 04:53 pm
by Prestoned
Man claims right to smoke cannabis
A West Wales man has gone on trial claiming the right to cultivate his own cannabis.

Neil Christopher James Morgan, 52, told police officers they were infringing his rights under the European Human Rights Act--and even lit up a cannabis reefer in front of them.

A jury at Swansea crown court heard on Monday how four police officers armed with a search warrant descended on a group of caravans parked in woodland off the B4333 Newcastle Emlyn to Cynwyl Elfed road.

Inspector Richard Lee said Morgan volunteered several quantities of cannabis stored in various parts of the caravan.

He also began smoking cannabis and officers confiscated the reefer.

In two caravans close by, both owned by Morgan, they found 101 cannabis plants. Each van had its own generator attached.

Morgan was arrested and taken to Ammanford police station, where he refused to answer any questions.

Morgan, who is representing himself during the trial, told the court his defence was Article 8 of the Human Rights Act, which, he said, guaranteed his right to a private life.

Inspector Lee told him the Act did not cover criminal activities.

Morgan said he would not deny cultivating the plants. But he would argue that his arrest and prosecution were illegal.

Dyfed Thomas, prosecuting, told the jury during his opening address, "Growing cannabis is illegal. That is the law in this country.

"The prosecution case is very simple. Whatever arguments are put foward the evidence is straight forward enough," he added.

The trial continues.

Source
Just got off the phone to Neil, who's been found guilty, however he's appealing, the decision, as he's been given probation. Very Happy

So pleased for him it wasn't prison.

winnie
According to Winstone from LCA Forum

Could have been a step forward, but as usual its just a dance back to square 1[/quote]

Posted: Wed 20th Jun 2007 05:36 pm
by sh@dy
This sucks. Nothing more to say.....human rights are being kicked in the ass....

Posted: Wed 20th Jun 2007 09:14 pm
by DC
2 caravans with 101 plants in them, you'd need to be a heavy smoker to get away with claiming that as 'personal'. It would've probably been the same result for 5 plants but atleast then he'd have a bit of an argument to put up.

Posted: Thu 21st Jun 2007 10:53 am
by DrGonzo
The phrase "Representing Himself" is where this case fell down.

Surely a human rights lawyer would have been the way forward.