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Ireland: Farmer Wins Cannabis Appeal

The Ballyhoo Examiner

Thursday 04 Dec 2003

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THERE were scenes of jubilation outside Ballyhoo District Court yesterday
after a local farmer won his appeal against a suspended jail sentence for
feeding his cattle a controlled substance.

Laurence Patrick Furlong from Tullycross had previously admitted that he
had bought a large canvas bag containing hemp ropes from a member of
Ballyhoo Amateur Drama Society. He had received the sentence last October.
Ms Dymphna Snagge said the case had made international headlines 'due to
the severity of the penalties imposed by the court and the sheer and utter
senselessness of the charges proferred'. She said her client had been fully
and totally vindicated. Ms Snagge had told the court earlier that this was
a clear-cut case.

Under the Misuse Of Drugs (Amendment No 1) Regulations, 1999, certain
inspectors in the Department of Agriculture, who were engaged in their
official capacity as such, did have the authority and wherewithal to grow
cannabis (hemp) for the purpose of crop analysis under an EU regulation,
namely No 1164/89 of 28 April 1989, which in turn laid down detailed rules
for the aid for growing fibre flax and hemp, she said. Judge Oscar Nugent,
presiding, asked at this point whether Mr Furlong was a Department of
Agriculture official. Ms Snagge said he wasn't, but neither was he growing
the plants. Judge asked her to get to her point. Ms Snagge said her point
was going to be that while cannabis sativa plants were illegal, hemp fibre
was not. She said Mr Furlong had hired the services of a private
investigator, a Mr Robert O'Shea, who had thoroughly investigated whether
hemp rope was at any time or at the time of the charge a controlled
substance in any country outside of the Republic of Ireland on the night in
question. He had subsequently found that it was not, and that hemp rope was
indeed not illegal in Ireland, though it required a licence, which had
indeed been obtained by the member of Ballyhoo Amateur Drama Society. In
addition, Mr Furlong had been the subject of a major international
campaign, much of which had been conducted on the Internet. Judge Nugent
said Ms Snagge had presented an indisputable defence, and congratulated her
on the 'thorough, extensive and meticulous research' she had undertaken on
behalf of her client. He said there was now no case to answer, Mr Furlong
did not have to pay the fine and he was free to leave the court.


 

 

 

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