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UK: Cannabis advocate claims police witch hunt

Alexandra Wood

Yorkshire Post

Monday 14 Feb 2005

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A TRADER who openly sells drugs paraphernalia from his Hull market stall
has accused police of conducting a witch hunt against him after attempts to
seize thousands of pounds from him failed.

Carl Wagner, an outspoken advocate for legalising cannabis, had faced
confiscation proceedings for more than ukp48,000 after being given a
conditional discharge last year for minor drugs offences.

But when the case came to Hull Crown Court on Friday, it was dismissed by
Judge Michael Mettyear, after hearing there was no evidence against him.

Mr Wagner, who stood for Parliament in 2001, said the case had been a waste
of taxpayers' money. "It was a real case of throwing as much mud as
possible and hoping that some of it would stick."

The father-of-six, who runs the Divine Herb stall in Hull Market, was given
a conditional discharge in June for three offences, one of growing four
cannabis plants found at his home in Hull, and two of possession of a small
amount of cannabis herb and resin. He had earlier refused a caution. "Had I
accepted a caution the Proceeds of Crime order would never have come about.
I didn't accept a caution as I didn't accept I was a criminal and I was
also unhappy about the way the bust was carried out.

"The police told me they had been given information that I was selling
cannabis and cocaine from my market stall, but they didn't examine my
market stall or car."

He added: "As far as the Proceeds of Crime Act, I believe the police have
to have reasonable grounds to assume I lived a criminal lifestyle. They
turned my house over for five hours and found no money other than ukp550
takings from my market stall. There was no evidence of holidays,
travelling, no gold jewellery."

Mr Wagner claimed police were increasingly resorting to forfeiture laws
which allowed property to be seized even if its owner was never convicted
of a crime. He feared proceedings could be used to target "innocent but
perhaps deemed troublesome citizens."

Humberside Police said the matter could have been resolved at an earlier
date if Mr Wagner had provided details of his finances. A spokeswoman said:
"Due to Mr Wagner being prosecuted under the drug trafficking act
Humberside Police was required to prepare a report about his finances.

"The court directed Mr Wagner to provide Humberside Police with information
to assist in compiling the report. That information was only provided on
the day of the court hearing.

"Once officers looked at the information it was decided that there was no
need to progress further with a report and the judge dismissed the case."




 

 

 

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