Kerry (Jack) Jason Scully (54) appeared in the Invercargill District Court on Friday at a judge-alone trial before Judge John Brandts-Giesen defending a charge of possession of cannabis for sale.
An agreed admission of facts document presented to the court on Friday states that there was 65g of cannabis and 34.7g cabbage (cannabis seed, stalk and leaf) found at the property on June 3, 2021.
According to the Community Law New Zealand website, the law assumes you are a dealer if you have 28g or more of cannabis in your possession or 100 cannabis cigarettes.
However, in her opening Crown lawyer Olivia Taylor said while the Crown believed Scully was in the possession of cannabis to sell, it was the defence’s case that the amount of cannabis found was for his own personal use.
Officer in charge of exhibits during the search, Constable Blair Asplin, said cash and cannabis were seized from the property. Also found during the search were digital scales, zip lock bags and cannabis grinders.
Defence lawyer Vidal asked for several police photographs not presented in the Crown photograph booklet to be produced as exhibits. These photographs showed evidence of cannabis use at the property.
She also showed Constable Asplin photographs she had taken at the property which showed zip lock bags which were used for storing items in the workshop.
Officer in charge of suspect, Sergeant Nick Ah Kuoi, said when police asked what they would find in the house on the day the search warrant was executed, Scully told them cannabis, cannabis seed and buds.
Sgt Ah Kuoi said the defendant was co-operative with police but later declined to partake in a police interview.
In cross examination by Ms Vidal, Detective Fred Shandley confirmed part of the search warrant was to obtain phones and electronic devices which may show proof of sales.
"There hasn’t been any evidence of sales?" Ms Vidal asked.
"Correct, as far as I’m aware," Det Shandley replied.
Det Shandley confirmed another search warrant was executed at the property in November last year but no charges were laid in relation to that search.
Two defence witnesses said they bought vehicles, a forklift and a Nissan Skyline from Scully in the first half of last year.
Both witnesses said they paid cash for the vehicles.
The case was adjourned to a nominal date for the trial to continue.
