Defence to argue cannabis was for own use

Last updated 05:00 04/02/2010

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An Invercargill man accused of possessing cannabis for sale only had it for his own use, his defence will argue.

Morgan James McClutchie, 27, appeared before a jury and Judge Kevin Phillips at the Invercargill District Court yesterday accused of the offence on August 20.

McClutchie has admitted the cannabis was his, but denied selling it. Crown prosecutor Miriam Sinclair told the jury police searched his house and found cannabis plants and plant material.

The sole issue was why he had it, she said.

Police found more than 100g of the drug at the house, a quantity large enough the onus of proof was on the defence to show he was not selling it, Miss Sinclair said.

That benchmark is more than 28g.

In one bedroom police found plants and items used to grow cannabis.

Small quantities of dried cannabis sealed in plastic bags, a set of electronic scales, cash and video surveillance equipment were also found at the property, Miss Sinclair said.

That combination of factors showed the accused was selling as well as growing the drug, she said.

McClutchie's lawyer Kate McHugh said the accused was a heavy user of cannabis and had acknowledged cultivating and growing it, but did not accept he was selling it.

The trial continues today.

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- © Fairfax NZ News

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