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THC4MS Trial - Day 1

THC4MS, Day One

Personae:
His Honour, Judge John Phillips presiding
Mr Grout-Smith for the Crown
Greg Hoare, for Mark Gibson
Andrew Ford, for Lezley Gibson (aka Lesley Jane Gibson)
Michael Davies representing Marcus Davies (no relation)

A large jury panel of 24 people had been assembled in the expectation that there might be a number of disqualifications, since the defendants are well known locally and THC4MS has received quite a lot of press attention. It was decided, therefore, to empanel the jury and then dismiss the jurors for the rest of the day, rather than keep them hanging around while the lawyers rehearsed points of law. In the end, only one bloke knew Mark. The all-white jury (where are the black people in Cumbria?) contains six men and six women.

Arguments between the three defence barristers and the Crown about the admissibility and relevance of evidence centre upon ground that has already been covered in a pre-trial ruling that Judge Phillips delivered back in March. The defendants contended that their arrest was an abuse of process on the part of the police who had previously led them to believe that they could operate with impunity, so long as THC4MS stayed within certain parameters (which they have been careful to do by only supplying bona fide MS sufferers).

Mark Gibson contended that he had two interviews with the police, one following some local publicity regarding his intention of opening a Dutch style coffee shop. The cops didn't think that was a very good idea. In the light of the Colin Davies Experience, Mark agreed! The second meeting, with DCI Whitehead, specifically concerned the operation of THC4MS. There are differences in their recollections of what exactly was said at that meeting, the only contemporaneous record of which was lost in the famous flood that closed Carlisle police station (with the consequence that the cops are now operating out of what looks like an old pub the town centre).

There are a couple of key phrases that it has been agreed were said by Mr Gibson to DCI Whitehead that both sides intend to invoke. The defence say that Mark was clear about his intention to continue supplying cannabis chocolate to MS sufferers in the belief that what THC4MS did was right and that they had a defence under the law (of medical necessity). Mr Grout-Smith said that the Crown is not suggesting that the defendants profited, or sought to profit, from their enterprise. However, "it is no defence. Even if you honestly and genuinely believe it is right and even if you believe it to be lawful, it isn't."

Since the defence can't rightly say what their arguments will be before they've heard the prosecution case, it was decided that Judge Phillips will rule on defence admissibility before the defence case starts, which best guesstimates reckon will be next Monday. In the meantime, the prosecution will present its case and the defence team will cross examine its witnesses and the judge will rule on what is and is not admissible as the case goes on. Since DCI Whitehead is bound to be the lead witness for the prosecution, I'm hoping that I'll see him writhe on the witness stand tomorrow, after such a dry day today.

Business was concluded before lunch time, but the judge suggested that the court should reconvene at 2pm in case there were any outstanding issues or, as some of the more cynical observers suggested, just to make sure that everybody could claim to have worked a full day. (Which certainly isn't fair on the defence counsel who are working for nothing.) Judge Phillips wound up by asking counsel if there were any other impediments to the trial starting at 10.30 tomorrow morning and quipping that he hoped not to hear the first objection at 10.31!

The court will not be sitting on Thursday because Mr Phillips has a prior appointment - something to do with Pearl Harbour Day? - and there's a strong rumour that His Honour is due to take up a new job next Wednesday, so one would expect a verdict before then. There's a chance the defence will kick off on Friday, but all the witnesses are booked for next week. It looks like the crucial days will be Monday and Tuesday next week, when the defence will be making its case, and it really would be encouraging to see as many medicinal cannabis users, carers and sharers as possible in the area
elsie haze Reviewed by elsie haze on . court reports for thc4ms days 1-5 -------------------------------------------------------------------------------- THC4MS Trial - Day 1 THC4MS, Day One Personae: His Honour, Judge John Phillips presiding Mr Grout-Smith for the Crown Rating: 5