Cannabis boss faces probe after alleged breach of judge’s order

Cannabis entrepreneur Ross Smith faces a police investigation for allegedly breaching a judge’s order related to a series of alleged harmful and offensive online comments.

On May 31, the Tauranga District Court made an interim harmful digital communications order against Smith over comments he allegedly made.

The applicant asked that his name not to be disclosed.

In his statement on the applicant’s evidence, Judge Brooke Gibson notes that Smith’s comments breached one or more of the communications principles set out in Section 6 of the Harmful Communications Act.

“[The applicant’s] affidavit exhibits a series of texts and online posts that are plainly harassing of the applicant alleging criminal conduct, personal abuse of him, allegations that amount to denigration of the applicant’s sexual orientation, whether they be true or not, and various vile and crass insulting comments, many of which are juvenile in content and are little more than poorly constructed malicious rants,” Judge Gibson said.

Judge Gibson said the content and its frequency meant the interim order was a suitable response.

The order required Smith to take down or disable material about the applicant or his family and to stop posting.

If Smith did not abide by the conditions of the order, he faced a prison term of up to six months or a fine of up to $5000.

The Weekend Herald understands that the matter has now been referred to the police because Smith allegedly continued the abuse.

A source close to the matter confirmed to the Weekend Herald that the NZ Police is investigating Smith for this alleged breach as well as a number of other alleged offences related to his online content.

Smith is also potentially facing a defamation complaint from Mark Scapens and Murray McBride, the founders of cannabis company Eqalis Group.

Eqalis managing director Greg Misson told the Weekend Herald he was worried about the wellbeing of his staff because of comments made online by Smith.

Misson said he was concerned the comments could escalate further.

Smith said he had not breached the order and told the Weekend Herald he was speaking to his legal team.

In email correspondence shared with the Weekend Herald, Smith’s barrister advises him to take down anything he has posted about the applicant and to avoid any contact with the person in the future.

Smith also said he was planning to take his own legal action.

A prolific cannabis entrepreneur, Smith was recently involved with the medicinal marijuana company Medicann, which went into liquidation last year.

He also has a long history of cannabis ventures in Australia.