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UK: I'll defy law on cannabis
Richard Elias And Alan Weston Daily Post, Liverpool
Friday 08 Feb 2002 A MULTIPLE sclerosis sufferer vowed to continue to defy the law last night after he was convicted of cannabis possession. Robert Gartside, of Aigburth Road, Aigburth, Liverpool, had admitted having and using the drug, but denied he was breaking any laws because of its medicinal benefits. At Liverpool Crown Court, he denied possessing cannabis but a jury found him guilty of the offence and he was conditionally discharged and fined £25. But the cost of holding the two-day trial means the taxpayers of Merseyside will be picking up a £10,000 bill for the proceedings which lasted less than four hours. Last night, Gartside, known as "Billy" to his friends, poured scorn on the court ruling. He said: "What is the point of taking people to court and fining them £25? What kind of deterrent is that? "It was a fudge and a compromise decision and it won't stop me using cannabis medicinally to alleviate my condition. It is up to politicians to move on this. I believe there should be a change in the law so that cannabis is available legally, for medicinal and social purposes." Gartside had earlier told the jury how cannabis enabled him to lead a near-normal life, saying he rarely now needed a wheelchair, could regularly play golf and even drive long distances. He added: "When I was diagnosed with MS I used to get blinding migraine headaches but I have not had them over the past eight years. "Multiple sclerosis can cause visual disturbance and in extreme cases, blindness. I have some optical irritation in my left eye but I have driven from Liverpool to Cannes, a distance of 2,500 miles in a week. I would not have been able to do that if my eyesight was badly-affected. A lot of symptoms I used to get I do not get now because I have been using cannabis. I am not 100pc free of the symptoms of MS, I still stutter now and again but my voice is reasonably clear." Cross-examined by Desmond Lennon, prosecuting, the defendant added-"I use cannabis with traditional medicines. I follow the advice of my GP and consultant. I would challenge the basis of the Misuse of Drugs Act and I would argue that it is not misuse." But the eight women and four men took just 25 minutes to convict Gartside. Sentencing him, Judge Ian Crompton told him: "It is not my intention to be harsh with you but as the law stands at the moment, it is unlawful to be in possession of cannabis." Opening the case against Gartside, Mr Lennon said the Crown had "every sympathy" for Gartside because of his condition. But he added the law did not allow any defence for cannabis possession as it remains an offence under the Misuse of Drugs Act 1971. But the decision to prosecute Gartside was condemned as "illogical, hypocritical and downright cruel" by North West Euro MP Chris Davies last night. He told the Daily Post: "I think the public will be absolutely appalled at this. The fact that the law is making the suffering of someone with a serious illness even worse. "Government-approved trials into the medicinal benefits of cannabis are currently taking place and early reports suggest that the drug can be spectacularly successful in relieving some of the worst MS symptoms." Although Gartside could have been tried by magistrates - as is usually the case for possession of soft drugs such as cannabis - he exercised his right to have his case heard before a jury at Crown Court.
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