The legalities of competency ; part one ; a court room drama
Setting : Melbourne Magistrates court in court room with Judge , your honour , court attendant , defendant , his barrister , prosecutor , and one community member .
The defendant is on the witness box .
The prosecutor begins :
Did you , Mr Alpheuss , in the year 2019 , willingly and knowingly , sow hemp in the back nature reserve of your property , and doing so without the proper licenses ?
Defendant :
No . I did not .
Prosecutor :
Well , we have evidence to the contrary .
Defendant :
Smile on his face .
Prosecutor :
Well it seems you know something that the prosecution is not aware of . Judging from that expression .
Would you let the court be made aware of your point of view ?
Defendant :
What should I say ?
Prosecutor :
Well , would you be in the knowledge that there are currently four mature hemp plants growing in the back nature reserve of your property ?
And that you have no licenses to grow them ?
Defendant :
Smile on his face .
Prosecutor :
Well , we will see if that smile persists , Mr Alpheuss . When all is done in this court room .
The prosecution maintains that you sowed the hemp seeds , knowingly and willingly and without the proper licenses .
We have seen the hemp plants in the back nature strip of your property and we have witnesses of your sowing the seeds .
Defendant :
I did not sow the " seeds " as you put it . I scattered hulled hemp seeds which I got out of a nutritive food containing hemp .
The packet I threw away so I do not recall , at this moment , the brand of the product .
Prosecutor :
Did you willingly scatter those hulled hemp seeds in the hope that they would grow in to hemp plants ?
Defendant :
Yes .
Prosecutor :
And without a license ?
Defendant :
Yes .
An in - breath of air is heard .
Prosecution :
The prosecution rests , your Honour .
Judge :
Thank you , Mr Smythe . The court may now hear from the defense .
Barrister :
The defense rests , your Honour .
The defendant is silent as he walks out of the dock . He thinks to himself ; " So I am a convicted criminal . In a land where any old fool farmer can rape cattle and sheep . Cut down forests . Pump sick pesticides and herbicides down the river . Killing the aquatic and marine Life . Put chemicals in to the environment and change the eco system .Miners take the barrier between salt and fresh water away and sell it to China .
All this , and I am convicted for planting a common herb from India .
They tend towards destruction and they shall reap what they sow . Ashes to ashes , dust to dust . So be it . Amen . "
The defendant is on the witness box .
The prosecutor begins :
Did you , Mr Alpheuss , in the year 2019 , willingly and knowingly , sow hemp in the back nature reserve of your property , and doing so without the proper licenses ?
Defendant :
No . I did not .
Prosecutor :
Well , we have evidence to the contrary .
Defendant :
Smile on his face .
Prosecutor :
Well it seems you know something that the prosecution is not aware of . Judging from that expression .
Would you let the court be made aware of your point of view ?
Defendant :
What should I say ?
Prosecutor :
Well , would you be in the knowledge that there are currently four mature hemp plants growing in the back nature reserve of your property ?
And that you have no licenses to grow them ?
Defendant :
Smile on his face .
Prosecutor :
Well , we will see if that smile persists , Mr Alpheuss . When all is done in this court room .
The prosecution maintains that you sowed the hemp seeds , knowingly and willingly and without the proper licenses .
We have seen the hemp plants in the back nature strip of your property and we have witnesses of your sowing the seeds .
Defendant :
I did not sow the " seeds " as you put it . I scattered hulled hemp seeds which I got out of a nutritive food containing hemp .
The packet I threw away so I do not recall , at this moment , the brand of the product .
Prosecutor :
Did you willingly scatter those hulled hemp seeds in the hope that they would grow in to hemp plants ?
Defendant :
Yes .
Prosecutor :
And without a license ?
Defendant :
Yes .
An in - breath of air is heard .
Prosecution :
The prosecution rests , your Honour .
Judge :
Thank you , Mr Smythe . The court may now hear from the defense .
Barrister :
The defense rests , your Honour .
The defendant is silent as he walks out of the dock . He thinks to himself ; " So I am a convicted criminal . In a land where any old fool farmer can rape cattle and sheep . Cut down forests . Pump sick pesticides and herbicides down the river . Killing the aquatic and marine Life . Put chemicals in to the environment and change the eco system .Miners take the barrier between salt and fresh water away and sell it to China .
All this , and I am convicted for planting a common herb from India .
They tend towards destruction and they shall reap what they sow . Ashes to ashes , dust to dust . So be it . Amen . "
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