Growing cannabis part of Aboriginal culture: court

[Oz]

Leslie Ernest McDonald, 68, of Burkes Flat near St Arnaud, yesterday pleaded guilty in the County Court at Ballarat to two counts of cultivating the drug in 2008.

McDonald, who represented himself, said as an indigenous person growing cannabis was part of his Aboriginal way of life and culture.

 

He argued the law, as it stands, didn't apply to Aboriginal people.

 

He also told the court as far as Aboriginal people are concerned the Victorian Constitution was not a valid act.

 

Judge Lance Pilgrim told McDonald he was bound by the law and the constitution.

 

He said these questions had been ruled on by the Supreme Court's Court of Appeal and he would not sit in judgement on their verdict.

 

Prosecutor Shivani Pillai told the court in 2008 police had attended McDonald's Burkes Flat property.

 

She said they found 13 cannabis seedlings under a water tank and 13 small cannabis plants in a shed at the property.

 

Ms Pillai said McDonald led police to a second property in Moliagul Flat and directed them to 17 more plants.

 

She said McDonald told police he grew the drug for medicinal purposes after suffering a workplace injury some years earlier.

 

McDonald argued that laws had not kept pace with the needs of today's society.

 

He said the drug was a much better alternative for the Aboriginal community than alcohol or harder drugs.

 

"I accept you have been agitating on behalf of decriminalising cannabis for a long time," Judge Pilgrim said.

 

"No doubt from what I've read about you your heart is in the right place."

 

Judge Pilgrim said McDonald's views were out of step with the law and he would have to continue the fight for changes.

 

Judge Pilgrim placed McDonald on a 12-month good behaviour bond and told him if he broke it he would have to pay a $500 fine.

Date: 17/11/2010

Source: Ballart Courier

Copyright: Copyright © 2010. Fairfax Media.

[Chronmasta]

not a bad result for 43 plants

 

 

[dani]

not a bad result for 43 plants

 

 

But was that the cops estimated street value? or the actual number of plants?

[Sylar420]

Its not a bad result and i must admit that cannabis would be a much better alternative than alcohol to any community whether it is indigenous or not however this is the problem i see

 

"Leslie Ernest McDonald, 68, of Burkes Flat near St Arnaud, yesterday pleaded guilty in the County Court at Ballarat to two counts of cultivating the drug in 2008"

 

If he believed he was in the right why the hell did he plead guilty?

[smashed1]

good on him sticking it up them fuks,, i might go buy a bundy (stick) he shouldnt of pleaded guilty but Edited November 22, 2010 by smashed1

[andrewb]

good on this man. if he pleaded not guilty he probably wouldnt have been granted leniency which is very sad.

[MongyMan]

good on this man. if he pleaded not guilty he probably wouldnt have been granted leniency which is very sad.

 

Don't fall for that mistake andrewb. If your are in the right and you plead not guilty and put a legal and HONEST argument before the court you will NOT get less leniency just because you still got found guilty. The courts respect people who are HONEST. Pleading guilty when you believe you are innocent isn't being honest.

 

If you plead not guilty and then just waste the courts time with no legal or legitimate argument to back your plea you might get less leniency but not just because you plead not guilty.

 

Peace MongyMan

 

 

 

Ps....cannabis is part of my culture too........It's part of everyone's culture if it's part of Aboriginal culture? What has race got to do with cannabis? (apart from prohibitionists using the Mexican word for cannabis to help turn people against it) It's too early in the morning for this racist crap imo

[demistify]

yeah, look ... this case is a bit wierd isn't it? guilty/not guilty ... of sweet f all. compassionate Judge tho.

 

I 'm sympathetic to the current and seemingly chronic political situation of indigenous peoples. BUT what a load of bullshit the 'cultural' argument is when weed didn't grow here before white man. so if court had gone hard for the guy I would not have been surprised because bullshit is bullshit whether it's brown or white!

[MongyMan]

weed didn't grow here before white man.

 

I'm not so sure about that demistify. I personally believe it did. That is still irellivant to the whole 'cultural' argument based on race though. Racism is racism no matter what colour you paint it imo.

 

Peace MongyMan

[Chronmasta]

wonder if thats what michael jackson was singn about

 

 

couldnt help miself