Man (63) escapes time in jail

A man who grew thousands of pounds worth of his own cannabis to alleviate his chronic back and hip pain has escaped a jail sentence.

Instead, 63 year-old James Murdoch had a five-month Restriction of Liberty Order imposed as an alternative to time behind bars.

He will be electronically tagged and will have to stay indoors at his home in Servite Court, Braco, from 7pm-7am, seven days a week.

Perth Sheriff Court was told the prosecution put a value of over £11,000 on the 17 plants seized by police but that was disputed by the defence.

After a protracted legal battle, it was accepted the plants and their cannabis yield had a significantly lower value.

Murdoch admitted cultivating the Class B drug at his home on August 15, 2019.

Depute fiscal Malcolm Sweeney said police obtained a search warrant for the property and that was executed about 9am.

They discovered the cannabis plants in the accused’s bedroom.

According to police, each could potentially produce £660 of the drug, given their maximum yield.

That would take the total to £11,220. Two tents had been set up, along with lighting, to facilitate the plants’ growth, the court heard.

Eleven “large jars” – containing green herbal matter, with a street value of around £ 5000 – were also confiscated.

Murdoch gave a ‘no comment’ interview and made no reply when cautioned and charged, added the fiscal.

Solicitor David Holmes said the accused had “ongoing significant medical issues” and used the drug for therapeutic purposes.

Murdoch, who was jailed for nine months at Edinburgh High Court in 1995 for a similar offence, was to have discovered his fate earlier this year but the coronavirus pandemic intervened.