Pubdate: Mon, 28 Jun 2004
Source: Dominion Post, The (New Zealand)
Copyright: 2004 The Dominion Post
Contact:  http://www.dompost.co.nz
Details: http://www.mapinc.org/media/2550
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

RASTAFARIAN'S CANNABIS USE APPEAL FAILS

A Hutt Valley Rastafarian has failed to legally justify his cannabis use on 
religious grounds.

Mathew Thomas Anderson is serving 31/2 years' jail for growing cannabis, 
having the drug for supply and taking part in a criminal group. Police had 
found more than 20kg of cannabis drying at a Mongrel Mob "safe house", at 
Naenae, in November 2002.

Anderson, 33, appealed against conviction on grounds that included that the 
drug was for his own use.

He said his Rastafarian beliefs permitted him to use cannabis, as part of 
his religious rights protected under the Bill of Rights Act and the Human 
Rights Act.

But the Court of Appeal found there was nothing in the law that gave him a 
defence to criminal charges on those grounds.

"He is entitled to hold these beliefs, but he is obliged to abide by the 
law," it said.

Another man caught in the same raid, Terence Michael Toman, 35, also lost 
his appeals against conviction for growing cannabis and his five-year jail 
sentence.

The court agreed the trial judge had not repeated Toman's defence on the 
charge of growing cannabis as she summed up the case to the jury, but said 
the "sparse" treatment of the defence could not have misled the jury.

His sentence covered growing cannabis and having it for supply, taking part 
in an organised crime group and having a loaded pistol.

The Appeal Court judges said the sentence was appropriate.
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