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'High Priest' pays a high price

Cannabis campaigner Gershwyn "Shilo" Smith, also known as 'the High Priest', paid a high price for his habit when he was hit by $30,000 in fines for possession and cultivation of the drug.

It is believed to be a landmark judicial decision with Assistant Justice Archibald Warner saying that Government's alternatives to incarceration legislation meant that high fines rather than prison sentences were needed.

Six-time electoral candidate Smith quoted the Bible in his defence during his sentencing in Supreme Court yesterday and claimed the 545 cannabis plants and 2,173 grammes of cannabis found at his Smith's home were for medicinal use.

Police raided the Spanish View Road premises on January 19 last year and searched two outbuildings where they found marijuana plants and marijuana packed away.

Smith admitted having the drugs, but at his arraignment in October last year he pleaded not guilty to possession with intent to supply, cultivation of cannabis and possession of drug equipment.

Smith, 52, later pleaded guilty to drug possession and cultivation. Yesterday, the Crown asked for the charge of possession of drug equipment to remain on file.

Defence lawyer Victoria Pearman said Smith - known as High Priest Mohatma Shiloh Mahdi - used the drug as food and as part of a sacrament and claimed it was a victimless crime.

Mr. Justice Warner replied: "You had better tell him to eat and pray somewhere else."

He said he knew Smith had tried to get elected to legalise cannabis but he still had to abide by the current law.

Mr. Warner said: "He should be glad he's not charged with possession with intent to supply. He should be glad that the authorities, for whatever reason, came to the decision that however substantial the amount was, it was for personal use."

Ms Pearman said a charge of possession for intent to supply would have been vigorously contested and that Smith's lifestyle meant he needed a lot.

She said: "It would not be difficult for him to get through this substantial amount in short order. He eats and drinks it like food."

A non-custodial sentence was suggested by Ms Pearman, who said a fine of around $10,000 would be appropriate.

She pointed to Smith's clean record, his calming role in the 1977 riots which won praise from Governor Sir Peter Ramsbotham and his role in the Woodshop prisoner rehabilitation programme.

Prosecutor Charmaine Smith called for a sentence of five to seven years.

Smith, a father of two, told Mr. Justice Warner the charges against him were a blasphemy.

He said: "Behold it is written in the psalms 104 verses 14 and 15 - God causeth the grass to grow for the cattle and the herb for the service of man that he may bring forth food out of the Earth and wine that maketh glad the heart of man."

He also quoted a passage from revelations which talked of a tree of life which had leaves for the healing of nations.

In the long speech, a tearful Mr. Smith said he was a man of God, a botanist and farmer and that the marijuana reduced anxiety and reduced leg cramps after "insufficient exercise or over exertion."

He added: "The benefits are physiological not criminal. I eat it as a vegetable and drink it as a beverage.

"These charges are unethical, barbaric and un-Christian and they demonstrate gross impiety and blasphemy for I am a teacher of righteousness and an example of fidelity."

He asked for a discharge and said he had only pleaded guilty to cut down on controversy.

Mr. Justice Warner said: "You have shown no remorse, but to imprison you would only make you a martyr. I don't intent to that."

He said fines need to be a true deterrent so he fined Smith $10,000 for possession with a 12-month jail term if he defaults and he gave a $20,000 fine for drug cultivation with a two-year sentence awaiting for non payment. Smith was given until April 22 to pay.

Asked by The Royal Gazette if he if would continue his pro-marijuana lifestyle Mr. Smith referred questions to his lawyer.