"U" be the judge defendants response

The Magistrates Court Marybrough , to be heard 08/04/08

Defendant Leslie Ernest McDonald in Response Summary of Charges VP Form L20

In answer to Summary of Charge 1. Re: McIntyre Road Property

"The .....Police then located 13 small cannabis seedlings planted in three pots under a water tank stand."

The defendent request the Court to consider police Exhibit List. 7. Produced by Michael Hobson relating to Charge 1. Photographs 1, 2, and 3 (Copies herewith)

1. Now marked LMD 1. Shows the 3 Pots (east side) which appears to contain 5 plants in total

2. Now marked LMD 2. Shows 3 Pots (west side) which appears to contain 5 plants in total

The defendant states, that the informant summary this is not true or accurate, which may be used to mislead the Court. The defendant, request the court if it see fit to do so, dismiss the evidence that indicates "Police. located 13 small cannabis seedlings planted in three pots under a water tank stand.

"Police further located another 13 small cannabis plants growing in several small plants in a shade house in the rear yard of the property. all these plants were only approximately 2cm in height and had been planted as cuttings by the defendent"

The defendant states, that there were six pot plants in the shade house, these six pots were placed on the very top rack of the shade house, the top of the pots were about five inches below the top of the shade cover (roof) containing some four cuttings, not 13 as alleged.

It is within reason to suggest, that the police moved the six pots down from the rack, to enable them to be photograph.

The defendant maintains, that the pots (six) under the water tank stand were brought in to the shade house, as to be photograph of all the pots together. At no time were there every twelve pots containing Cannabis seedlings/cuttings in the shade house. The defendant saw one officer taking pots from under the water tank stand, and towards the hot house.

For the informant to suggest that there a total 26 cuttings and plants at McIntyre Road property is totally misleading the Court, The defendant seeks the informant to clarify the matter under oath.


Ends the defendant response

Signed

Les McDonald dated th April 2008