NORML urge everyone arrested for cannabis offences to clog the courts, plead not guilty to all cannabis charges, and make the law too expensive to enforce. "If victims of prohibition chose to refuse to enter a plea for minor cannabis charges the courts would become constipated! Police and Courts already spend stupid amounts of money on busting people for personal use of cannabis. This action would make prohibition unenforceable." said Nandor Tanczos, Green Party MP at J-Day 2002 and in this Press Release.
Nandor was backed up by Roaring Lion, Mike Harding, who was arrested on Galatos street in Februray 2002 (at almost the same time and place as NORML President Chris Fowlie).
Roaring Lions
Ken Morgan
In November 2001 Ken was caught green handed with a grow room full of finest organic. Ken spoke about his case at J-Day 2002. Ken, bravely representing himself, got a jury trial (17-18 November) and blamed the police informant. He hoped to appeal to any Trojan Horses in the mix, but Judge Lockhart reminded the Jury that Ken's informant was not the one on trial. He said they were bound to apply the letter of the law in their verdict, regardless of their sympathies. (This is not true, stand by for the next edition of NORML News, in which the thorny constitutional issue of jury activism will be discussed.) Lockhart then slew the Lion and told the Jury they would be "thickies" not to find Ken guilty. So duly intimidated, they did, and he now awaits sentencing in remand. The Jawa watched this whole drama unfold and although there was no victory, much has been learned about how to fight court battles, so we will be better prepared next time. Ken has vowed to continue fighting this unjust law, whether behind bars or not.
Judy and Chevy Matangi
Victims of small town police harassment, this staunch couple were busted 3 Oct 2001 and charged with possession and cultivation. A search warrant was issued by Paeroa
police last September shortly after the
couple appeared before the Health Select
Committee pleading for the law to
change. Police ransacked their home in
October and found 20 seedlings and one
adult plant, although they have listed 21
adults in their evidence. An ounce of
“cabbage” (leaf) was also found, which
the police described in their report as
“high quality leaf.” They have been to over 12 court appearances and delayed trial further when they questioned the validity of the search warrant and forced the Crown to look into it. Altogether they must have cost the courts thousands. They finally stood trial at Waihi District Court on 18 October 2002. Judy received no conviction and a warning. Chevy was found guilty on both counts, handed a one year suspended sentence and nominally fined for court costs at $130 a charge. Altogether a well fought battle and the Judge was clearly impressed.
Customs Calamity
John and Daniela Setters are facing charges for importing books about marijuana and psychedelic plants, including the much sort after "Big Book of Buds". They were Victims of a random attack by Customs on the bases that the books had no classification. The "Big Book of Buds" is now banned in NZ.
Mark Smith
Mark was sentenced to 18 months imprisonment for possession and cultivation and is trying to get his conviction overturned from behind bars. He is challenging the validity of the search powers used before his arrest. He is also demanding the return of goods stolen from him by the police during his arrest.
Chris Fowlie
NORML New Zealand President Chris Fowlie stood up as a roaring lion when he was arrested in Galatos Street in Auckland in June 2001. After 4 court appearances he was found not guilty of possession of 0.7g cannabis in a landmark ruling. Read Judge Gittos' full written decision. The moral of the story - if you refuse to co-operate, the police will often find it difficult to prove their charges.
Mike Harding
J Day organiser and Auckland NORML co-ordinator Mike Harding was arrested in Galatos Street in February 2002.
Mike had his cannabis prosecution
thrown out of Auckland District Court
by Judge Ruston on June 13. He pleaded
not guilty to possessing a joint which arresting
officers found on the motorway.
Judge Ruston glanced once at the evidence
and dismissed the case.
Harding says, “These cases are significant
because they demonstrate that if you
plead not guilty to cannabis charges you
can get your case dismissed. Cannabis
‘offenders’ have traditionally gone quietly
and pleaded guilty, so police have
become contemptuous of correct search
and siezure procedures. We are now witnessing
a groundswell of resistance from
the cannabis using community and a
willingness to fight charges in court. This
means that the police will have to be
more careful in their use of search and
siezure powers, and may become wary
of bringing cannabis prosecutions altogether.”
Bruce Thorpe
Kohukohu Community Board member
Bruce Thorpe (64) was acquitted after his
arrest in February. A handful of cannabis
was found at his premises, but in his May
6 hearing at the Kaitaia District Court,
Judge Ryan found the police search to be
illegal.
Defending himself, Thorpe established
that the police informant, described in
their search warrant affidavit as “reliable”,
had probably made his allegation
with mischievious intent. The informant
claimed there were plants on Thorpe’s
property, but the search revealed no evidence
of cultivation. The judge found the
search warrant to be invalid and dismissed
the case. “The only reason I surrendered
the cannabis was because of that
invalid search warrant,” Thorpe said. He
describes defending himself as “satisfying,”
but cautions, “Judges like you to do
your homework... and deal only with the
evidence presented in the courtroom.”
If you know of any more Roaring Lions, email norml@xtra.co.nz.
Veteran Lions
Some readers will remember the heady
wave of Roaring Lion support in the mid-90s
when several staunch supporters went
to prison rather than pay fines on their cannabis
charges. Among them was then National
Coordinor of NORML Mike
Finlayson. He says, “It is significant that
whereas the Roaring Lion vets of the nineties
were convicted, today’s lions are being
dismissed and the arresting officers
sent home with a flea in their ear.”
Roaring Lion Roll of Honour
| Brodie Andrews: 1976, Sentence: Two months. Served: Six weeks. |
| Mike Finlayson: 1991, Sentence: Seven days. Served: Five days. |
| Les Grey: 1992, Sentence: $150. Paid by anonymous donor. |
| Tahi Whatarau: 1993, Sentence: Four days. Served: Two days. |
| Melanie Healy: 1993, Case dismissed. |
| Darryl Hartley: 1993, Suspended sentence. |
| Nick Petrasca: 1993, Sentence: Two weeks. Served: Five days. |
| John Cocker: 1993, Discharged without fine. |
| Mark Stone: 1993, Discharged without fine. |
| Tui Roman: Case dismissed. |
| John Tuakimoana: 1993, Sentence: One month PD. Served: nothing. |
| Willie Von Konrat: Sentence: Two weeks. Served: One week. |
| Garth Bishop: 1994, Suspended sentence. |
| Chris Fowlie: 2002, Sentence: Not Guilty. |
| Mike Harding: 2002, Sentence: Case dismissed. |
| Bruce Thorpe: 2002, Sentence: Case dismissed. |
