A police search of a Winton address where it was believed a man had absconded after shooting another failed to locate the suspected shooter, but did turn up five cannabis plants.
Lynley Jaron Kempthorne (40) appeared before Judge John Brandts-Giesen for a judge alone trial in the Invercargill District Court earlier this week.
Police were out searching for Manaia Taki, who was later convicted of wounding with intent to cause grievous bodily harm, after he had shot a victim in Park St, Winton.
One of the addresses police thought he may have been at was Kempthorne’s address in Arthur St, Winton.
Senior Constable Nigel Watkinson said he was told by an armed offenders squad member they had found a tent containing cannabis plants when they completed the search of the property.
As a result a warrantless search was conducted.
Despite Kempthorne’s attempts to trespass him from the property the search continued, Snr Cnst Watkinson located five cannabis plants under lights in a grow tent found in a shed.
Snr Cnst Watkinson returned on December 22 and while questioning her, Kempthorne admitted she had grown the plants.
While defending herself, Kempthorne said she did not want to take part in the criminal proceedings and persistently asked for the Judge to read her affidavit, which she had filed with the court last Friday.
The affidavit outlined she had reached an agreement with police; however, all officers called to give evidence yesterday said no such agreement had been reached.
Kempthorne said because no-one had replied to the three documents sent to police, she believed an agreement had been reached and filed had a sworn affidavit to say so.
The judge refuted the submission.
"To make a claim that a deal has been reached, is not to say that a deal has been reached," he said.
In finding her guilty of the charge, Judge Brandts-Giesen said Kempthorne was subject to New Zealand law and that she had admitted to police that she had cultivated cannabis, to create oil to treat her unwell husband.
After the judge had sentenced her, Kempthorne continually spoke, reciting statements from a piece of paper, including saying that due process had completely been ignored, that as a living woman she did not consent to the process and that they were not verified claims.
Judge Brandts-Giesen fined her $300 and ordered her to pay court costs of $130 and said if Kempthorne did not like his decision she could appeal through the High Court.
- By Karen Pasco, PIJF court reporter
