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16/06/2007 00:00:00

UK: DISABLED DRUG DEALER SPARED EVICTION AND JAIL WITH JUDGE'S HELP



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DISABLED DRUG DEALER SPARED EVICTION AND JAIL WITH JUDGE'S HELP

Council housing chiefs have heeded a judge who urged them to reconsider
evicting a disabled man who sold cannabis to the infirm to fund his own
use of the drug for therapeutic purposes.Paul Wing and his girlfriend
Sallie Pengelley, who is his full-time carer, spoke of their relief
after Judge Jeffrey Rucker gave the 58-year-old Tiverton man a year's
conditional discharge at Exeter Crown Court yesterday.

Wing had been warned by Judge Francis Gilbert at a previous hearing that
he would probably go to jail.

Wing, who lives at his girlfriend's home in Sycamore Road, suffers from
spinal muscular atrophy, a degenerative and genetic disease which
developed nine years ago and leaves him with problems walking and
constant pain.

The court heard Mid Devon District Council was in the process of
evicting Miss Pengelley as a result of the proceedings against her partner.

Wing had pleaded guilty to possessing cannabis with intent to supply and
an offence of supplying cannabis to another.

Prosecutor Howard Phillips said 29 bars of cannabis, with a street value
of up to £1,500, were found by sniffer dogs in a police raid at the
house on November 7 last year.

Mr Phillips said Wing immediately co-operated with police, explaining he
had bought the drugs from a man in Exeter whose name he was too
frightened to reveal.

He continued: "Wing sold the cannabis to 17 people in the area who
suffered a similar condition to himself, to pay for his own drug use to
alleviate his pain. He had been doing it since February or March last year."

When told the district council was considering throwing the couple out
of their home, Judge Rucker said: "I can see their view but I'd think it
was completely out of proportion to the sin committed. I very much hope
the council don't go down that route and you can quote me on that."

He told the defendant: "This was outside the law but I entirely
understand why you were breaking the law. Maybe one day it will change
but there are very real dangers in taking cannabis, particularly for
young people. You are poorly and your health is much to be pitied."

Wing told the Echo after the hearing: "The judge is a lovely man. I feel
happy about the result. I thought he was going to put me in prison. I'm
glad it's all over and I wouldn't do it again. Someone suggested to me
that the cannabis might help with the pain. I swallowed it and it eased
the pain, if I took it with my tablets for medication as well.

"I found out other people who were disabled needed the cannabis. I
didn't give the police a thought because I thought I was doing people a
service, helping them feel happier and now that I've gone to court they
are going to have to go to riff-raff to buy it instead."

A district council spokeswoman confirmed Miss Pengelley was no longer in
immediate danger of eviction.

She said: "We do not intend to pursue possession proceedings against our
tenant, the partner of Mr Wing, at this time.

"However, we do not tolerate breaches of tenancy and we will be
contacting her to discuss her continued occupation in our property."


Source: http://www.ukcia.org/news/shownewsarticle.php?articleid=12621
Author: Exeter Express and Echo via UKCIA

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