Date: Sun, 2 Apr 2000 22:35:00 -0400 From: freematt@coil.com (Matthew Gaylor) Subject: Jury Acquits UK Cannabis User (3/18) To: freematt@coil.com (Matthew Gaylor)
Letter to the Editor:
Cannabis Case Proves A Need For Trial By Jury
URL: http://www.mapinc.org/drugnews/v00/n399/a01.html Pubdate: Sun, 19 Mar 2000 Source: East Anglian Daily Times (UK) Contact: EADTLetters@ecn.co.uk Author: Don Barnard
CANNABIS CASE PROVES A NEED FOR TRIAL BY JURY
Sir,
The case of Mr Yates and his 40 cannabis plants raises the issue of trial by jury, and its threatened status under measures proposed by the Home Secretary Jack Straw.
In the case of Mr Yates the jury found the defendant not guilty of cultivation of cannabis although the facts were not in dispute, the trial judge describing his medicinally-motivated marijuana-growing as "potentially a case of necessity."
In finding Mr Yates not guilty the jury exercised its right to reach a conclusion in the face of the evidence - in effect, questioningthe justice of the law itself. This right has been the prerogative of juries for centuries going back to the time of the Magna Carta, and is an essential element of our democracy.
Mr Straw seeks to deny the public this basic constitutional right, by abolishing the jury trial for some 'minor' offences including shoplifting and drugs offences - cases just like Mr Yates's.
Secondly: Ministers routinely say that their aim is to target the dealers of hard drugs rather than the users of soft drugs. The figures tell a rather different story.The lurking suspicion is that, in these times of Performance Indicators cannabis users (the very people who will be denied trial by jury) make a soft target.
BUT WHO, in the Criminal Prosecution service deemed it - in the public interest to prosecute this case and putting a very sick man (their words) and his wife who is dying of cancer through such a traumatic experience. Especially when there is case history for not proceeding.
Clearly there was no victim and no crime. The jurys verdict was another case of common sense prevailing - God bless you. all.
Don Barnard, Braintree, Essex
For more information on the erosion of trial by jury in the EU, see these pages related to Corpus Juris, the new body of law that is being adopted in the EU that may abolish the rights of trial by jury and habeas corpus.http://members.aol.com/esceptic/cj_folder/cj_frame.html
http://www.euroscep.dircon.co.uk/corpus.htm
http://freespace.virgin.net/c.mowbray/index.html
http://members.aol.com/esceptic/eurofaq1.html#Q10.5
http://members.aol.com/esceptic/cj_folder/cj_article4.html
UK: Court Clears MS Patient Who Used Cannabis Openly URL: http://www.mapinc.org/drugnews/v00/n381/a08.html Pubdate: Sat, 18 Mar 2000 Source: Independent, The (UK) Contact: letters@independent.co.uk Address: 1 Canada Square, Canary Wharf, London E14 5DL Website: http://www.independent.co.uk/ Author: Brian FarmerCOURT CLEARS MS PATIENT WHO USED CANNABIS OPENLY A disabled man who admitted using cannabis to ease the pain of Multiple Sclerosis was cleared of charges for growing the drug yesterday by a jury that took less than two hours to reach its verdict.
Thomas Yates, 51, from Lowestoft, Suffolk, told Ipswich Crown Court that he had to smoke cannabis because it was the only effective way of reducing his constant pain.
The jury took 90 minutes to accept his defence and reached a unanimous not guilty verdict.
Cannabis and cultivating equipment were found in Mr Yates's house during a police search for a wanted man who had been an acquaintance of his many years ago.
At first, Mr Yates had said that the three upstairs rooms were empty but, when questioned later, he admitted openly that he was growing cannabis. Mr Yates, who now uses morphine - a drug that leaves him feeling sick - is entitled to have his cultivating equipment returned, but the cannabis will be destroyed.
"I know quite a few other MS sufferers who use cannabs. It really works and has no side effects," he said. "It makes your quality of life 100 per cent better. But I'll have to stick to morphine. I know other people who use cannabis are frightened they'll end up in court."
Ben Smith, an official from the UK Cannabis Internet Activists Group, said: "This is about the fifth trial that has ended up like this in recent months. The message must be getting through to the Crown Prosecution Service that it's just a waste of time and money. The law must b changed."
Bev Clydesdale, a welfare officer with the South Suffolk branch of the Multiple Sclerosis Society, added: "We don't want anyone to break the law. But the laws on cannabis need to be changed to allow people like Mr Yates to use it."
Sally Freeman, for the prosecution, told the court that Mr Yates had broken the law as it stood and that changing the law was not for the courts to decide.
Mr Yates is hoping to take part in Government-sponsored trials in which disabled people would be legally allowd to take tablets made from a cannabis derivative.
Articles provided by the: Media Awareness Project Porterville, CA 93258 1-800-266-5759 www.mapinc.org
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