COURT REJECTS DOPE PAINKILLER PLEA

A MAN caught growing 80 cannabis plants in a backyard hydroponic set-up at
Thornlie claimed in the District Court yesterday that he intended to smoke
the crop to alleviate pain from a shoulder injury.

But Judge Paul Healy rejected the man's claim as fanciful.

Judge Healy ruled that Rodney Alexander Smith, 37, had intended to sell or
supply most of his drug crop, which had an estimated street value of more
than $100,000. He did not believe Smith was as heavy a cannabis user as he
claimed.

Smith, now of Forrestdale, had pleaded guilty to cultivating the cannabis
with intent to supply. But he faced a trial of issues yesterday after
denying an intention to sell the cannabis as part of a commercial operation.

After a three-hour hearing, Judge Healy found Smith guilty of cultivating
cannabis with intent to sell or supply.

Smith, a wall and ceiling fixer, was sentenced to a two-year jail term
suspended for two years. The maximum penalty for the offence is 10 years
jail and a $25,000 fine.

Judge Healy said Smith had set up a commercial enterprise to sell or supply
cannabis. The offender's explanation for the crop was not credible.

"It just seems to me to be fanciful," he said.

During the trial of issues, the court was told that police uncovered the
hydroponic set-up and 80 cannabis plants in a shed in Smith's backyard in
Anderson Way, Thornlie, during a raid on September 27 last year.

Questioned by defence lawyer Vesna Amidzic, Smith told the court that he
took painkillers and smoked cannabis heavily after a failed and painful
shoulder operation early last year.

Smith said he had intended to smoke the cannabis crop with his fiancee.

He estimated that they smoked about 28g to 42g of cannabis each week at the
time.

Cross-examined by prosecutor Brett Tooker, Smith said an acquaintance had
rigged the mains power in the house to avoid detection by Western Power.

Smith is in custody in relation to a driving offence.