ERROR RG P4 3.2.2000 In a story in Monday's newspaper about convicted cannabis grower Stephen Barry Paynter it was reported that prosecutor Peter Eccles said a neighbour with a dog discovered the cannabis patch. Mr. Eccles said Police received information from "a number of sources''.

A Warwick man's starring role on a videotape showing him picking cannabis leaves from a backyard garden cost him a $3,000 fine and a six month suspended prison sentence on Friday.

Stephen Barry Paynter pleaded guilty before Magistrate Edward King to cultivating cannabis and possessing the drug on July 20 last year.

Paynter, 40, of Keith Hall Road, was granted the fines of $2,000 and $1,000 respectively, after his lawyer Mark Pettingill told Mr. King he had been a longtime cannabis smoker and did not want to be involved in street trade.

"My client has a lengthy and serious marijuana habit,'' Mr. Pettingill said.

"He's one of the people that don't want to be out there buying the stuff.'' He added: "The thinking is that it doesn't trouble anybody. They don't want to be going down the block to buy it. It amounts to spreading a few seeds and letting them grow.'' Crown counsel Peter Eccles told the court two witnesses would have stepped forward to testify that Paynter told them he was growing the cannabis in a wooded plot behind their common property.

But according to Mr. Eccles, it was another neighbour who tipped off Police in July last year after retrieving a dog which had become interested in activity in the plot.

Police began a surveillance of the area, and watched Paynter enter the plot, select leaves and put them in a bag.

When the surveillance officer approached him out of the woods, Paynter ran but was caught by other officers. He was videotaped picking the leaves.

Police confiscated 62 plants ranging in size from a couple of inches to three feet high, a watering hose, a bag of commercial soil, and black plastic sheeting used to fence in the 20 feet by 20 feet plot.

All of the evidence was brought to court in five large plastic trash bags.

When he was arrested, Paynter shouted: "Yeah, I'm going to f***ing kill him.

I'll kill him. I know Earnest put the man on me. He's dead!'' When the Police asked him if the cannabis was his, he replied: "You know it's my herb. Yes it's mine.'' Nothing drug related was found in a search of Paynter's home. Paynter has steadfastly denied having an intent to supply the cannabis.

Mr. Eccles said that in view of the threats to his neighbour, he was kept in custody for some time.

In August, he was released on $2,000 bail on the condition he does not reside at the Keith Hall Road property.

Mr. King told Paynter: "This offence is very serious. It's in the same league as having a crack-making factory, which the legislature has designated for having a heavy penalty.'' Paynter was given until March 31 to pay the fines.