Three charges dismissed in Whangarei Daktory case

Marijuana growing operation at The Daktory site in Whangarei

Marijuana growing operation at The Daktory site in Whangarei

The jury has retired to consider its verdicts in the trial against the two Whangarei people charged in relation to the Daktory Cannabis Club.

Three charges were dismissed due to insufficient evidence.

Following the completion of the crown case in the Whangarei District Court on Tuesday, defence lawyers Kelly Ellis, acting on behalf of Brian Thomas Borland and Arthur Fairley, acting on behalf of Sarah Gwenneth Gillgren, applied to have the charges dismissed due to lack of evidence.

Judge Duncan Harvey discharged Borland on a charge of theft of electricity and possession of cannabis oil for supply and discharged Gillgren on the charge of permitting premises to be used for cultivating cannabis.

Borland, 61, had earlier pleaded not guilty to these two charges and four others - two of cultivating cannabis, one of supplying cannabis and a charge permitting premises to be used for cultivating cannabis.

Gillgren, 29, has already pleaded guilty to a charge each of cultivation and possession for supply of cannabis but had pleaded not guilty to use of premises and denied a charge each of possession of cannabis oil (class B drug) for supply and supply of cannabis oil.

Gillgren, who was the club manager, elected to give evidence during which she told the court she had suffered from mental illness for much of her life. She admitted to using cannabis since early 2015 because she found it medicinally helpful.

She claimed she did not give or sell cannabis oil to anyone but stated she had overheard club executives talking about giving cannabis oil to those who needed it.

She also claimed she didn't know where the 33 capsules of cannabis oil found in a suitcase in her tent had come from.

Gillgren, who has no previous convictions, had lived in the tent at the club premises in Port Rd since December 24, 2016 until her arrest on January 11.

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In closing Fairley reminded the jury Gillgren's charges were entirely separate to Borland's.

He emphasised no eye witnesses had seen her with the 'oil in hand" and there was no evidence to suggest how the oil had got into the suitcase in her tent.

Everyone had access to the tent and anyone could have put them there, he said.

 - Stuff

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