Wellington tenant ‘burnt weed’ in fireplace during police raid

A Wellington tenant had plumes of smoke that smelt like marijuana coming from his fireplace during a nine-hour police raid, the Tenancy Tribunal has heard.

The police raided the Makara property tenanted by Alex Bassett in June last year, causing damage to six windows and part of the roof when the officers forced entry.

While police were trying to remove the tenant from the property, the fire was lit and there was smoke that resulted smelt clearly of marijuana, his landlord, Maryann Gill, said.

The landlord alleged the smoke was “copious” and went on for a number of hours, causing neighbours to complain.

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She said the police confirmed to her that they also suspected Bassett was burning his marijuana crop to avoid detection but they could not enter because they were aware he had a gun.

Bassett eventually left the property and the police seized numerous items typically used in the growing of marijuana.

The landlord claimed she saw stalks coming from pot plants that had been stripped that appeared to be marijuana plants. There were a number of bags of a type of potting mix that is specifically marketed for growing marijuana. Carpet in one of the bedrooms had been damaged by plants to the point where it needed to be replaced, she said.

But Bassett maintained he was a “keen gardener” and was growing chillies, which had caused the damage to the carpet.

As a result of the raid, Bassett was charged by police with cultivating marijuana for supply. He was not convicted as a result of any items the police seized.

Bassett said he did smoke marijuana during the time of the police raid as it was stressful for him, particularly given his post-traumatic stress disorder resulting from an earlier home invasion.

Gill sought $1942.50 for 20 days’ rent to cover the period she was unable to re-rent the property due to having to repair damage, and exemplary damages on the basis Bassett had allegedly grown marijuana on the property.

Although Bassett accepted liability for the damage to the roof and windows, he also maintained that the police were ultimately responsible given they actually made the damage.

“I find this argument untenable as the police caused the damage in an effort to have him present himself,” the tribunal ruled.

The tribunal ordered Bassett to pay the landlord $1360 compensation and $500 in exemplary damages for the alleged unlawful use of the property. The tenancy was terminated by the tribunal as of June 23.