A JUDGE showed mercy on a retired fireman who grew cannabis to treat pain from a chronic back condition.
Graham Walker was caught growing the drug twice at his Dawlish home, bypassing the electricity supply so he did not have to pay the bill.
He was caught growing cannabis for the first time in October 2022 when an energy company reported he had tampered with the meter and again in June 2023, when he was also evicted for alleged non-payment of rent.
Police found the second growing operation when they were called to help remove him when he returned to the house twice after being ordered out by the housing association.
Newspaper delivery worker Walker defended himself during a trial at Exeter Crown Court last month at which he declared it was against his human rights to cut off his electricity supply, evict him, or prevent him self-medication with cannabis.
He was found guilty after Judge David Evans told the jury that, as a matter of law, his arguments were not a valid defence. He was cleared of damaging a lock which was drilled out when he returned after being evicted.
Walker, 59, of Celtic Fields, Dawlish, was found guilty of two counts of cultivating cannabis and extracting electricity. He was conditionally discharged by Judge Evans, meaning he faces no punishment unless he reoffends within 12 months.
Walker told the judge he considered he had been tried without authority and his convictions should be quashed by the High Court.
He said: ‘I have been illegally and unlawfully evicted and no longer have a home.’
The Judge said he was taking into account all the circumstances and noted the allegation of extracting electricity only covered four days and the amount involved must have been far less than the £1,087 estimated by the power company.
During the trial, Mr Greg Richardson, prosecuting, said the electric company official who found the meter disconnected on September 30, 2022, saw Walker dressed as a French firefighter.
He found the meter had been removed and by-passed. But after cutting off the supply, it was re-connected on October 4. Police found 12 cannabis plants and a small amount of cropped cannabis elsewhere.
The cannabis could have had a street value of up to £14,200 but it was accepted Walker was growing it for personal use. He told police he had no money to pay for electricity to grow the cannabis for pain relief and that growing it was his right as a human being.
References on behalf of Walker described him as kind, honest, loving, caring and devoted to his family and friends. He had cared for his wife for 18 years until she left him in 2020 and worked as a paper boy for many years.
He was said to be a ‘well respected and law abiding citizen’ who had played a full part in bringing up his six daughters.