LAWYER FINED $1500 ON DRUGS CHARGES

Napier criminal lawyer Philip Jensen was convicted and fined $1500
yesterday for growing and possessing cannabis, two hours after he was
acquitted of a third charge of possessing cannabis for sale.

"I have proved myself innocent - that was what the issue was," Jensen
jubilantly declared after his two-day trial on the cannabis for
supply charge.

He would not comment two hours later after pleading guilty to charges
of cultivating and possessing cannabis and getting a dressing-down
during sentencing by Judge David Saunders in Napier District Court.

Jensen's future as a criminal lawyer now lies largely in the hands of
the Law Society's Hawke's Bay branch disciplinary committee.

A jury took nearly two hours to find him not guilty of possession of
cannabis for sale.

The trial followed Jensen's arrest on September 1 last year, when
police found five deal-sized bags of cannabis and a supermarket bag
of cannabis in the boot of his car. Other smaller amounts of cannabis
were found inside his house.

Jensen told police a friend had given him the five bags of cannabis.
He later showed police where he grew the rest of the cannabis, which
he said he used to feed his addiction to the drug.

His lawyer, Russell Fairbrother, said Jensen had co-operated with
police, voluntarily stopped practicing law and attended drug
counselling, which so far had succeeded in halting his cannabis habit.

During the trial, Jensen gave evidence of 20 years of habitual cannabis use.

His drug counsellor said Jensen smoked cannabis before going to work
and during work hours.

Jensen said he supplied cannabis to his 20-year-old daughter and
sometimes smoked it himself till he fell asleep at night.

Mr Fairbrother said Jensen had suffered "extreme publicity" as a
result of his arrest and trial. However, he had achieved a good
record in his profession during the past 10 years.

If he had not held such a position in society, he would not have been
charged as he was, Mr Fairbrother said.

Judge Saunders admonished Jensen during sentencing, saying as a
criminal lawyer he should have known better.

Unlike some of Jensen's former clients who might have used cannabis
to block out their problems, Jensen had received a good education and
had family support.

"You now have responsibilities," Judge Saunders said. "With rights
come duties, with privilege come responsibilities."

He said Jensen would have been well aware when he grew cannabis that
"there would be media interest in your activities".

It was to his credit that he pleaded guilty and went to addiction
counselling, but the Law Society would have concerns that he smoked
cannabis during work hours, Judge Saunders said.

For cultivating cannabis he fined him $1250 and for possessing the
class C drug he fined him $250 and ordered him to pay $150 court
costs.

Earlier in his summing up of the charge of possession for supply,
Judge Saunders said there was not much in dispute in the trial.

The case boiled down to whether the jury believed Jensen when he said
five 28 grams (one ounce) bags of cannabis found in his car were for
his own use or for selling to others.

The case was not about the "decriminalisation" of cannabis and it
would not be helpful for the jury to "get into spirited debate" about
the evils or benefits of cannabis, Judge Saunders said.

"We must take the law as we find it today and as it was on September
1," he said.

Sympathy or prejudice about Jensen and his views must be put to one side.

Under law, there was a presumption that anyone found with 28 grams or
more of cannabis had the drug for supply. It was up to Jensen to
prove it was more probable he had the five bags to feed his addiction
and not for sale.