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by Julia Roberts
A Medway man grew cannabis plants in his home while under the supervision of probation officers, a court heard.
Mark Arpa was said by his own barrister to have “stuck two fingers up” by producing the class B drug while subject to a year-long community order imposed by magistrates following a raid at his house in May 2009.
He then used the original hydroponic equipment, which police had not seized but believed they had disabled, to grow more plants from stalks left at the property.
A total of 13 were found when officers raided his home in Randolph Road, Gillingham, for a second time in July last year. But the cannabis was of poor quality and had not been sold on.
Louise Oakley, defending, told Maidstone Crown Court 49-year-old Arpa had paid “lip service” while subject to his community punishment.
She said the unmarried father was no longer a cannabis user, he had learned to read and write through the help of the probation service and was determined to lead a law-abiding life.
Suspending an eight-month jail term for two years, Judge Philip St John-Stevens said it was accepted Arpa had not set up a new hydroponic system after the first raid.
“When police disabled that system and cut the plants leaving stalks, those plants grew,” he said.
“On the one hand it demonstrates you did not go out and grow fresh supplies; on the other hand you must have tended those cuttings while on a community order.”
But the judge added that despite growing the drug while telling probation officers he was not committing any offences, it would be unjust to ignore the fact that Arpa had not broken the law since the second raid.
As part of his suspended sentence Arpa must also complete 200 hours unpaid work.
The court heard that after the first raid Arpa had no electricity to his house.
But using what was described as a “fairly rudimentary set-up”, he managed to re-grow the plants in his loft.
“He watered the cuttings, re-taped the air ducts and moved the plants between light and dark conditions,” said prosecutor Anne Phillips.
Following his arrest, Arpa told police he was a loner and all the plants were for personal use. “This was very small scale,” added Mrs Phillips.