Man claims cannabis dropped by bird

A MAN who was found with a cannabis plant growing at his Midge Point home told police it must have taken root after a bird flying overhead dropped the seed.

Barry John Sherwood, 42, initially came to the attention of police after a car accident on July 12.

At 8.30pm that night, Sherwood became involved in an argument at the Midge Point Tavern.

He then drove away and crashed a car into a ditch on Condor Parade.

Police have alleged Sherwood then walked back to his residence where a further argument occurred.

After police arrived at the address, he was breathalysed, returning a reading of 0.060 per cent. A water pipe and pipe used to smoke cannabis were found at the address, as was a 20cm tall cannabis plant growing in a pot.

Further checks of Sherwood's driving history revealed his driver's licence had expired in 2011. He was charged with unlicensed and drink-driving, possessing drug-related utensils and producing dangerous drugs.

On Monday, Sherwood pleaded guilty to these charges in the Proserpine Magistrate's Court.

Police prosecutor Elizabeth Smith said he nonetheless denied planting the cannabis plant saying a bird must have dropped the seed.

She said when he discovered the plant was cannabis, he decided to water it and see if it would grow.

Duty lawyer Sherrie Meade corroborated this, saying "it was not anything more than put some water on it and see if anything happens".

"Like Jack and the beanstalk," magistrate Haydn Stjernqvist mused.

"The bird [that dropped the seed] was a rather tall bird with a beard and long hair... I imagine," he said.

For the driving offences, Sherwood was fined $440 and disqualified from driving for three months.

For the drug-related offences he received a $660 fine.