Drug plant altercation
05/03/06
A WARRNAMBOOL man who accosted plain-clothes police when they tried to confiscate his marijuana plants received a $500 fine yesterday but no conviction.
Phillip Johnston, 41, of Tait Crescent, appeared in the Warrnambool Magistrates Court yesterday charged with cultivating and possessing cannabis.
The court heard that on March 2, police received information that five marijuana plants were growing in pots behind the Warrnambool RSL.
Plain-clothes officers placed the plants under surveillance for two hours before placing them in an unmarked police car, the court was told.
Police prosecutor Senior Constable Paul Harris said that it was at this point Johnston arrived and began ``a minor physical altercation'' with the men taking his plants, who he did not realise were police officers.
The court heard Johnston told police the plants belonged to him as he tried to take them back.
Johnston's defence counsel said the small amount showed it was for personal use and added that his client ``enjoyed the therapy of growing plants''.
``Did he contemplate growing pumpkins instead?'' Magistrate Michael Stone quipped, before fining Johnston $500 without conviction.
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