Pubdate: Tue, 08 Jun 2004
Source: West Australian (Australia)
Copyright: 2004 West Australian Newspapers Limited
Contact:  http://www.thewest.com.au
Details: http://www.mapinc.org/media/495
Author: Anne Calverley

SHOW DRUG PAIR NO MERCY: MLA

Showing mercy to an elderly couple convicted of possessing 19kg of cannabis 
runs the risk of sending a mixed message to the community, according to 
Independent South Perth MLA Phillip Pendal.

Director of Public Prosecutions Robert Cock QC is yet to decide if he will 
apply to have David William Sidney Davies, 81, and his wife, Florence, 77, 
declared drug traffickers.

Anyone convicted of possessing more than 3kg of cannabis risks being 
declared a drug trafficker and losing all their assets under the Criminal 
Property Confiscation Act.

Mrs Davies remains defiant but admits she is concerned about her husband's 
health.  "It will kill him (to lose the home)," she said.

Mr Cock said he would consider the Davies' circumstances, including the 
fact the couple had not been involved in distrubiting the drugs.

But he was unlikely to do so before the couple were sentenced today on two 
counts of possessing cannnabis with intent to supply.

Mr Pendal said he was astonished at what he saw as a change of heart by Mr 
Cock towards the Act.

He said Mr Cock and Attorney-General Jim McGinty made no apologies in 
relation to the Act when it was introduced two years ago.  At the time, 
both men were pictured in The West Australian astride a seized 
Harley-Davidson motorcycle.

Mr Cock said discretion did not apply in the motorcycle case because the 
drug dealer involved had already been declared a drug trafficker. Mr 
McGinty could not be reached for comment yesterday.
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