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Aotearoa Legalise Cannabis Party
Press Release - ALCP. 21st October 2004
Neville Yates bid for fair trial fails.
The Aotearoa Legalise Cannabis Party are appalled that Neville Yates who has sought legitimate access to cannabis for the last six years has been found guilty of cultivation of 9 spindly plants. For this offence Neville Yates, a brain damaged amputee from an accident when he was only 14 years old could well go to jail, as this is his 9th cannabis offence.
"We hope the Jury will share some of this guilt." says Michael Britnell Deputy Leader for the Aotearoa legalise Cannabis Party.
One of Neville's main arguments was that he was acting legitimately. He backed this up with medical evidence of his injuries and treatments from his doctors as well as documentation of reports from the government in regard to progress for medicinal access.
Neville quoted from a few ministerial documents among them a quotation from documentation by Associate Minister of Health Jim Anderton "It is possible to gain medical access to marijuana in New Zealand currently if you make the appropriate application under the Medicines Act"
Neville also quoted from page 14, point 61 of the Government Response to the Health Select Committee Report on it's Inquiry into the Public Health Strategies Related to Cannabis use and the Most Appropriate Legal Status', "A British Company G.W. Pharmaceuticals, has in development a number of cannabis preparations for therapeutic use. The company has indicated that it would be prepared to supply a product for a clinical trial in New Zealand."
"There is no barrier to this happening in either the Medicines Act or the Misuse of Drugs Act, provided the clinical trial requirements are met, the cannabis preparation is prescribed with the approval of the Minister and the appropriate licences for import, storage and distribution are obtained."
Tim Barnett M.P was summonsed to verify that Neville was known to him in his requests, meetings and submission to the government Health Select Committee 2001, for legitimate access to have cannabis for his pain and stress relief. Tim Barnett also verified Neville's communication with Health Minister. Annette King offering himself to be a guinea pig for any forthcoming trials in New Zealand.
Neville's defence was in summing up - "It says here you can get it and I have tried every which way to get it. It is the red tape that needs untangling here. My patients' rights need to be recognised. It is not me that is wrong, but in this case it is the law that is wrong. Laws have been wrong before."
"I believe by a technicality of tangled red tape that I am not actually breaking the law. I believe medical access is legitimate for my medical necessity as I do not use, and am not allowed to use, any other prescribed medications for my pain management."
"I have not used prescribed medicines for 6 years due to their addictive nature and the other negative impacts on my life like standover tactics. Cannabis works for me. However I am forced to grow my own as the government will not as yet provide me with the medication that works best for me." quotes Neville Yates
Another major point that Neville was trying to get across to the Jury was that they the Jury are in charge and that they have the right to find him Not-Guilty. That is why he elected a Trial by Jury, he knew he could go to jail for this offence and he figured his best fighting chance to stay out of jail was to ask the Jury to find him Not-Guilty.
Neville also refuted police statements of "mature, hydroponic and sophisticated". This was supported by key defence witness Kevin O'Connell, President for the Aotearoa Legalise Cannabis Party. Mr O'Connell said "Due to rates of attrition Neville's plants would provide Neville with perhaps 3 months of his medicinal requirements" Mr O'Connell also stated that "According to the National Drug Survey there may be around 20,000 people at any one time growing their own cannabis in New Zealand".
Neville Yates also spoke about Police discretionary powers and related it to the Jury who he insisted also has these discretionary powers.
In fact the original purpose of Juries under the Magna Carta besides finding people guilty or not guilty - is that Juries also do have the right to go against an unjust law if the punishment is severely disproportionate to the offence. We believe Neville has proven this to be so in this case.
Unfortunately Judge Holderness was not going to allow any revolution to take place in his courtroom. With a directive that twisted their legal arms right up their legal backs the Judge told the Jury they have sworn to uphold the law of the land and that they cannot go against New Zealand law. The Jury literally was forced to return a guilty verdict.
It may well be the law we say, but in this case, it certainly was not Justice being done. The Aotearoa Legalise Cannabis Party says "Shame on our Justice System." This is a law that is under question and review in Parliament and we believe Neville should have been shown mercy.
Neville Yates bravely represented himself with a support defence team -
Michael and Irinka Britnell from the Aotearoa Legalise Cannabis Party, as well as
Blair Anderson of the MildGreens who stood in as the McKenzie's Friend and lawyer Tony Garrett who generously gave of his time over and above the legal aid allowance assisting the team with technical advice. Thanks to all other supporters. Aotearoa Legalise Cannabis Party,
Total respect, Neville for your tremendous stand. Totally the opposite for the judge and jury and of course the poo lice.
""We hope the Jury will share some of this guilt." says Michael Britnell Deputy Leader for the Aotearoa legalise Cannabis Party. "
Yes, I hope it festers away in their spineless psyches. And as for judge Holderness, well lets wait till the sentence to see if he rates an arsewipe categorization.
"Unfortunately Judge Holderness was not going to allow any revolution to take place in his courtroom. With a directive that twisted their legal arms right up their legal backs the Judge told the Jury they have sworn to uphold the law of the land and that they cannot go against New Zealand law. The Jury literally was forced to return a guilty verdict. "
From memory, a juror swears to find the accused guilty or not on the basis of the evidence they receive in court. Now, Neville did a great job of presenting to the court plenty of evidence that the cannabis laws are fucked. So, it could have been possible for a juror (only takes one at the moment to cause a retrail) to in all sincerity and conviction find that Neville's actions were no crime. I suspect the system is well aware of this and hence the bluff and bluster of Holderness and any other judge who seeks to direct the jurors from considering such an option.
When there is a jury trial cannabis law stand like this, I think its important to have as many supporters in court as possible. Because you never know who knows who in the court and if a juror or more sees a supporter s/he knows (or even has smoked with), then that could be influencal in how the juror deliberates. By chance I witnessed a jury selection in Dunedin and I was suprised to know 3 of the 20 called up and I had smoked with 2 of them in the past!
Good on you Neville, my family and myself have the utmost respect for you and your stand against these injustices. We are fully behind your efforts, and if you ever need anything and we can be of some help, don't hesitate to ask.
Goes to show that there are a lot of judges who seriously lack the understanding of what justice really means, somewhere along the line they have become bitter and corrupt, and have absolutely no compassion when it comes to helping out his fellow man.
As for the jury, I hope they are happy with themselves, and can only hope that they don't find themselves in a similar position one day. One has to wonder how these 12 jurors sleep at night knowing what they have done with there lack of courage and there spineless guilty verdict
Good luck for the future, I hope it works out for the best.
Neville sentenced to 5 months imprisonment Posted: Tue Nov 02, 2004 10:29 am
word can not express how disgusted and angry I am at this story///
Amputee Jail Sentence For Cultivating Cannabis
Newsroom Agency Story at 11:48, 02-11-2004
A Christchurch man who argued that his cannabis cultivation was for
medical purposes has been sentenced in the Christchurch District
Court to five months' imprisonment.
Neville Yates, 44, had part of one leg amputated and suffered brain
damage in an accident when he was a teenager, and is confined to a
wheelchair.
Last month a jury rejected Yates' argument that cannabis was the only
effective way of alleviating his chronic pain, and found him guilty
of cultivation.
In sentencing, Judge Holderness said in his view to impose a
non-custodial sentence in this case would be to suggest there is some
kind of special category for cannabis cultivation offences.
He said there is no such category - especially not for persistent
offenders, and refused Yates leave to apply for home detention.
Joined: Feb 19, 2004 Posts: 1346 Location: Nelson area
Posted: Tue Nov 02, 2004 9:55 pm
My hat goes off to Nevill's brother I heard him on national radio
he made heaps of great comments about cannabis and how unjust the law on cannabis is, to send his brother to jail.
Steveoh _________________ Regulation will set cannabis free
Freedom's just a TICK away - VOTE Aotearoa Legalise Cannabis Party 2008 then everyone's a winner
Contact me: steven@alcp.org.nz Party website http://www.alcp.org.nz
I knew Neville Yates before he had his foot amputated. At that time I think he had medical grounds to claim medicinal use of marijuana for the pain. What he went through was nearly twenty years of torture. Having said that, there are thousands of amputees around who do not need marijuana to manage their pain and so I'm sorry Neville, your argument no longer stacks up.
Either way who wants to get busted these days ffs, I cant remember the last time I picked up the Herald and didnt see a single case of Police abusing, beating, molesting or just plain slacking off like the case of the missing girl Iraena Asher!!
The last month or so has been atrocious for the Police and I for one would think they would have far better things to do than persecute poor little pot mcsmokey at home eh.
It makes me wana hurl chunks to think that constable plod may knock on the door yet again because I say its only a matter of time before a quiet otherwise law abiding citizen gets the dogs set on him with SWAT kicking and punching with the occasional rifle butt thrown in for good measure for nothing more than sitting at home having a sociable.
Makes me sick
Joined: Oct 27, 2004 Posts: 242 Location: Dunsterdam
Posted: Thu Nov 04, 2004 5:35 pm
Neville Yate's argument definitelly stacks up! Any amputee (or anyone for that matter) has the right to medical marihuana.
Kia Kaha Neville for your stand, the cause is never an easy path, dont lose faith. Its concerning that your new lawyer described you as under the influence of the cannabis advocates.
It is high time medical marihuana became established and avaliable irrespective of the law. If there is no change then we just have to defy the law.
This Judge Holderness is obviously a filthy facist swine, to cage a man for having possesion of and cultivateing a few plants for personal use. Perhaps a protest outside the judges house would have been in order?
When ever there are reasonably high profile cases like this, it would be, despite the judges aversion, good to have hundreds of protestors, via normal or other wise at the proceedings. While Nevil obviousy had some support, probably not nearly enough.
Neville at least tried his best which is much more than most cannabis arresties who plead guilty. And his pain releif, via cannabis, who would better know which medication is most effective but the patient himself? Its relative safetly has been proved over thousands of years of use.
But when communication becomes impossible, what else is there? One resounding theme here, is a lack of representation. Sure the Greens may have raised a voice or two, but beyond that what? Nothing...a man in a cage is all and seemingly no one to respresent him beyond his own persoanal means. A disgrace. In NZ, even more so. Condoned by the NZDF and the rest of the government tit propoganda machines which perpetuate this policy of indifference.
Does any one know what the select comitte report into cannabis was for? I was under the impression, rather foolishly, that it was a process by which submisisons and findings would mean something. I was wrong.
Congrats to Neville for standing up to the facists. Never yield to the merchants of misery.
Neville Yates inside till late January Posted: Fri Nov 12, 2004 1:40 pm
In case anyone would like to help Neville on a directly practical level, ie. if they have a lazy $5 note laying around with nothing to do, feel free to put it in an envelope with a Christmas card or something, and drop him a line, post to: Neville Yates, c/ Chch Mens' Prison, Private Bag 4726, Christchurch.
Alternatively, for a badge, 60ml diameter, flat plastic with pin, either "Free Neville Yates" or "Neville Yates Stands Tall" send SAenvelope and paper cash donation to 24 Rowcliffe Cres, Christchurch. Only 50 have been made so be quick if you want one. All $ will be going to Neville.
Oh, and he got a call from Housing Corp last week to tell him he will be losing his flat. We can't raise enough cash to keep it for him unfortunately, although I'm not sure Housing Corp would allow that anyway. Sucks doesn't it...
It's a shame we live at the end of times yet nobody realises the importance of progression in law and radical change of thought which might have one day ended in a more united and humanitarian planet or nation at least. Alas as an award winning scientist was quoted tonight saying on national news 'civilisation as we know it will end within this century' I thought this sounded wonderful but only if it led to goddamn radical changes. Anyways the thing is Nev you have the nads this pitiful judgement will never carry. There are a few human beings left on this
planet and we hope and pray that you can use us to help you get through this as you are in all our hearts.
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Never yield to the merchants of misery.
