A roofer who was caught drug driving claimed he had been given a spliff by the police officers who pulled him over. Kevin Duffus told a trial the officers had given him a pouch of tobacco after he was stopped in Highland Perthshire.
He said he was allowed to hand roll a cigarette and was three-quarters of the way through smoking it when he realised it contained cannabis. His solicitor Alan Davie told Perth Sheriff Court: "The analysis of the reading provided in the expert report is potentially consistent with his version of events."
Court hears unusual defence
Mr Davie said: "On one view, the police giving someone a roll-up to smoke at the roadside is somewhat preposterous. But on another view, one of the officers saying that is not uncommon makes it not preposterous."
Duffus, 42, from Alness, told the trial one of the officers offered him a pouch which he understood to be tobacco but later claimed had contained cannabis. He claimed not to have smoked cannabis for at least a month before being pulled over on the A827 between Ballinluig and Aberfeldy.
Sheriff rejects explanation
Sheriff Nigel Cooke told Duffus: "In all the circumstances I am not satisfied your explanation is correct. I am satisfied beyond reasonable doubt you were driving while over the limit for cannabis."
The sheriff noted: "The police officers - while they accepted they could not recall whether or not they had given you a cigarette - did not rule out that you may have been given a cigarette. It was clear that before giving you a tobacco pouch it would have been searched and they would never allow you to smoke a cigarette prior to the drugs wipe taking place."
Conviction and sentence
He found Duffus guilty of driving under the influence of cannabis derivative Delta-9-tetrahydrocannabinol and banned him from driving for three years. He also found him guilty of possessing cannabis in the vehicle on 16 May 2023 and fined him £750.
Mr Davie told the court: "He is a self-employed roofer and his licence is important for that work. The loss of his licence will make continuing more difficult." Duffus left court smoking a rolled up cigarette.
