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Guardian
Ashburton FIRST PUBLISHED SEPTEMBER 27, 1879
www.guardianONLINE.co.nz
Thursday, June 27, 2013
Outrage over sentence By Michelle Nelson The decision to let two people who appeared in court on charges of cultivating cannabis this week off without conviction has been met with surprise and even outrage in the Mid Canterbury community. Israeli husband and wife Daniel and Hadas Sudri pleaded guilty to the charges in the Ashburton District Court on Monday, and Judge Noel Welsh was persuaded by their lawyer Bevan Coombes to discharge them without conviction in return for a $2000 donation to the Salvation Army. A police raid on the couple’s property on June 12 uncovered evidence of 54 harvested plants, a master plant – used to take propagation cuttings, and more than six kilograms of dried cannabis – the prod-
uct of a sophisticated indoor growing operation. The couple claimed the cannabis was for their own use, and Mr Coombes asked Judge Welsh to hold back from convicting them on this basis, combined with their good reputation and because it would stymie their plans to travel to Tanzania to do voluntary work. When charged, they already had airline tickets to return to Israel on July 3. The Guardian has fielded several calls relating to the matter. A local man, who only wants to be known as Russell, said the sentence, or lack of, “stunk”. “I know New Zealand citizens caught with a little bit of pot who can’t travel because they have a conviction,” Russell said. He said the onus was on the offender to prove they were not supplying or selling cannabis if
caught with more than 28gms in their possession. “A lot of people are talking about this – it’s the biggest drug bust around here in recent years and they say it’s personal use – it’s not humanly possible to smoke that amount of pot before they leave – they would have to get through a pound (454gms) a day to get through it,” he said. “And $2000 is nothing – that haul could be worth $30 to $40,000 on the street – and that would be selling it by the pound.” However, Professor Kevin Dawkins, from the University of Otago Faculty of Law, said Judge Welsh was well within his rights. Professor Dawkins said he could only comment generally, on the cultivation charge which carries a maximum sentence of seven years imprisonment.
He told the Guardian that a sentencing judge had the power to exercise dispensation if the consequences of a sentence were out of proportion to the gravity of the offending. This could relate to adverse professional consequences – siting lawyers, accountants and real estate salespeople as examples of people who, if convicted of drugrelated matters, would be unable to practice. Limiting the offenders’ ability to travel could also be seen as a reason to discharge without conviction. This might apply to professional sports people, or those who were required to travel for their work. Professor Dawkins agreed that people found in possession of more than 28gms, or 100 cigarettes containing cannabis were generally
presumed to be selling or supplying, but a lack of evidence - such as lists of names, snap lock bags, tin foil or cash, could mitigate this. He said offenders who were discharged without conviction were in effect acquitted, and did not have to declare the charge at New Zealand, Australian or UK borders. But, Professor Dawkins said Judge Welsh probably didn’t have many options – as the couple in question already planned to leave the country. “It’s quite common for people to get home detention (for cultivating cannabis) but that’s not an option, and community detention is not appropriate – neither is imprisonment,” he said. “They had no property here – so there was no chance of forfeiture.” “The judge would have been in a predicament.”
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NZTA to review location of fatal crossing By Myles Hume The New Zealand Transport Agency is launching a review into the pedestrian crossing where an elderly man was killed in Ashburton earlier this week. Frank Tully, 89, died in Christchurch Hospital early Tuesday after he was struck by a van on Monday morning while riding his mobility scooter across a pedestrian crossing on Archibald Street, near the intersection of Graham Street. The death has prompted calls from Tinwald School and parents asking authorities to make improvements the pedestrian crossing. Last week, before Mr Tully’s death, the NZTA received a complaint about the Archibald Street pedestrian crossing. Yesterday, New Zealand Transport Agency Canterbury/ West Coast State Highway manager Colin Knaggs said it was too early to determine whether there were any structural problems with the pedestrian crossing, but the agency would look into it. “While a fatality is a tragic event, the particular circumstances that led to this fatality need to be investigated. The severity of the crash itself does not necessarily highlight an issue with the crossing, however NZTA will review the location and use of the crossing,” Mr Knaggs said. “Between 2003 and 2012, Mr Knaggs said there had been two reported crashes on the main road through Tinwald where pedestrians were involved. While one did not involve the pedestrian crossing, the other
Colin Knaggs incident was a nose-to-tail when the following vehicle did not notice the vehicle in front slowing down for a pedestrian using the crossing. “However, these crash statistics do not suggest there is an issue with the crossing,” Mr Knaggs said. Tinwald father Robin Burgess said there was significant problems with visibility around the pedestrian crossing, and he refused to let his seven and 11-year-old children use it. Mr Knaggs said the signs and markings were all up to standard and street lighting had been provided in the area, but a formal investigation would determine if the pedestrian crossing needed further work. “Motorists always need to be prepared to stop at crossings and pedestrians should be aware that motorists may not always see them and should establish that motorists are stopping before venturing on to the crossing itself,” Mr Knaggs warned.
Calls for a traffic light-controlled pedestrian crossing By Susan Sandys
photo kirsty clay 260613-KC-025
Five-year-old scout Logan Bartlett was stoked with a donation from the Mid and South Canterbury Community Trust toward finishing the new Mania-o-Roto scout hall. Behind him (from left) are David Stevens, Barry Marett, John Gray and Carolyn Bond-Hood of the Ashburton Scouts and Building Committee and Peter O’Leary and Clive Callow of the Mid and South Canterbury Community Trust. By Gabrielle Stuart A $35,000 donation to the Maniao-Roto scout hall this week brings it one step closer to completion – but leaves them still short on funds to complete the hall. The donation from the Mid and South Canterbury Community
Trust will go towards fitting out the kitchen and finishing plumbing and sewerage systems, but with the donation covering just half the amount still needed, secretary of the building committee Carolyn Bond-Hood said they still had a way to go. “I’d like to think we’re fairly close, but the kitchen is still just a shell
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and there’s a lot to be done to fit it out, and there’s outside work as well. We’ve had so much help from the community and volunteers and we’re so close now, we just have to keep plugging away.” The floor and walls received a polish and paint in the dining hall just two weeks ago, but it was slow going, she said.
Plumbers, electricians, painters and decorators from the community have donated hours of their time towards the hall, and she said that every little bit helped. “No matter what, we’re going to get it done. We’ll muddle through somehow.” The cheque brings the total donated to the hall by the Community
Trust to $85,000, and the trust community relations manager Clive Callow said he believed it would prove to be a valuable investment for the whole community. “I know it will get a lot of use. They put it to us as future-proofing; creating something that would stand and be used for many years to come.”
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Ashburton’s elderly are calling for installation of a traffic lightcontrolled pedestrian crossing at Tinwald following the death of a pensioner this week. Resident Francis Brendan Tully died after being hit on a zebra crossing on State Highway One at Tinwald by a southbound van on Monday. Ashburton Grey Power president Joy Jaine said such a tragic accident brought the issue of installation of a traffic light-controlled pedestrian crossing to the fore. Mrs Jaine called for the Ashburton District Council to give priority to such a project, over other expenditure items such as the town’s new art gallery and museum. “I have harangued councillors for
a number of years (on the issue),” Mrs Jaine said. She said whenever the mayor or councillors attended Grey Power meetings, they had been continually reminded of the importance of such a crossing. “People’s safety is just paramount,” Mrs Jaine said. “At least they would have a chance of getting across the road in reasonable safety.” Council contracts manager Brian Fauth said the council was working with the NZTA “to put forward a business case for traffic signals in Tinwald”. The state highway was under the management of the NZTA, and he could not comment on whether the traffic signals would replace the zebra crossing. “We have informed them (NZTA) that accident on Monday has resulted in a death,” Mr Fauth said.
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