A lack of “tick lists” and cellphone records meant there was no evidence against an Invercargill man accused of possessing cannabis for sale in August, his lawyer said.
On the second day of the trial yesterday, Kate McHugh asked a jury in the Invercargill District Court to consider the lack of evidence against her client, Morgan James McClutchie, 27.
McClutchie, who is appearing before the jury and Judge Kevin Phillips, had been honest about cultivating the cannabis, the “growing operation” was amateur and the amounts of cannabis were stored haphazardly, she said in her closing.
Crown prosecutor Miriam Sinclair told the jury to consider the fact a bag of cannabis was found during the police search that weighed 28g – a weight that was commonly known as a “deal bag”.
More than 100g was found at McClutchie’s home, leading to a presumption in law, Miss Sinclair said.
That presumption was that when a person possessed more than 28g of cannabis, they did so for the purpose of sale, she said.
The onus of proof was on the defence to show he was not selling it, she said.
Judge Phillips will sum up the case today before asking the jury to consider its verdict.