Tasmanian MP Craig Garland temporarily disqualified from driving over drug driving charge
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A Tasmanian MP caught drug driving has been disqualified from driving for six months.
Braddon independent Craig Garland appeared in the Burnie Magistrates Court on Monday after pleading guilty in June this year to one count of driving a motor vehicle while a prescribed illicit drug was present in his oral fluid.
In the context of the charge, the word "prescribed" refers to it being an illicit drug under Tasmanian legislation, not that it is a prescription drug.
Mr Garland has since obtained a prescription for medical cannabis to manage chronic pain, which he said was from sciatica and past injuries.
"I have a higher standard of behaviour expected of me and an example to set," he said.
"I and the everyday Tasmanians know that I am not above the law."
"I will continue to serve the electorate of Braddon and stand up for communities across the north-west, west coast, and King Island."
The court heard police intercepted Mr Garland for a random roadside test near Smithton on November 2 last year, and he tested positive for cannabis.
Mr Garland, a former commercial fisherman, previously told ABC Radio he had tested positive to the roadside test while on his way to go fishing at Montagu, in the state's north-west.
Magistrate Leanne Topfer said she was required to impose a mandatory minimum six-month suspension because Mr Garland had a prior drink driving offence from 1996.
Mr Barns, who told the court he was appearing pro bono, said the next six months would be difficult for Mr Garland because he would not be able to travel around his electorate as much.
Mr Barns said several volunteers had offered to drive Mr Garland around the electorate, including down to the West Coast, and that his partner and a staff member would be able to drive him to his electoral office in Wynyard.
Mr Barns also said Mr Garland would be able to appear online for any parliamentary committee meetings that occurred outside sitting weeks.
Mr Garland said it would be "a terrible situation" if he did not attend parliament over the next six months while his licence was suspended.
The House of Assembly in Tasmania generally sits from Tuesday to Thursday during sitting weeks.
The restriction will allow Mr Garland to drive between his home no more than 24 hours prior to the commencement of sitting at Parliament House in Hobart, and return to his residence no more than 24 hours after the conclusion of parliament sitting.
Magistrate Topfer said it was appropriate to grant Mr Garland a restricted licence, noting it would impose a severe and unusual hardship if he were not able to drive to parliament.
Mr Garland said he stayed at a friend's house at Clifton Beach while in Hobart.
Magistrate Topfer took issue with this part of the application, asking Mr Garland why he was not able to stay in town.
Mr Garland said he tried sleeping in the city last year, but was not used to the noise and had difficulty sleeping.
He said, "You're dealing with important legislation," and he found it "extremely difficult" to attend parliament without proper sleep.
"I can't do this," he said.
"I can't stay in the city anymore.
"It was out of necessity.
He told the court that at home he usually slept on a hard surface outside, and during parliamentary sitting weeks often he slept on a friend's balcony.
Magistrate Topfer told Mr Garland she had sympathy for him but she was not satisfied that there was nowhere else he could stay.
Mr Barns later withdrew this part of the application.
Parliament will next sit on November 4.
By Mackenzie Heard
Braddon independent Craig Garland appeared in the Burnie Magistrates Court on Monday after pleading guilty in June this year to one count of driving a motor vehicle while a prescribed illicit drug was present in his oral fluid.
In the context of the charge, the word "prescribed" refers to it being an illicit drug under Tasmanian legislation, not that it is a prescription drug.
Mr Garland has since obtained a prescription for medical cannabis to manage chronic pain, which he said was from sciatica and past injuries.
MP apologises to Tasmanians
In a statement released on Monday evening, Mr Garland apologised "for letting the community down"."I have a higher standard of behaviour expected of me and an example to set," he said.
"I and the everyday Tasmanians know that I am not above the law."
Craig Garland appeared in the Burnie Magistrates Court. ( ABC News: Bec Pridham )
"I will continue to serve the electorate of Braddon and stand up for communities across the north-west, west coast, and King Island."
The court heard police intercepted Mr Garland for a random roadside test near Smithton on November 2 last year, and he tested positive for cannabis.
Mr Garland, a former commercial fisherman, previously told ABC Radio he had tested positive to the roadside test while on his way to go fishing at Montagu, in the state's north-west.
Magistrate Leanne Topfer said she was required to impose a mandatory minimum six-month suspension because Mr Garland had a prior drink driving offence from 1996.
Court grants restricted licence
Mr Garland's lawyer Greg Barns applied in court on Monday morning for his client to be granted a restricted licence so he could travel to Hobart for parliamentary sitting days.Mr Barns, who told the court he was appearing pro bono, said the next six months would be difficult for Mr Garland because he would not be able to travel around his electorate as much.
Greg Barns represented Craig Garland in the case. (ABC News: Peter Healy)
Mr Barns said several volunteers had offered to drive Mr Garland around the electorate, including down to the West Coast, and that his partner and a staff member would be able to drive him to his electoral office in Wynyard.
Mr Barns also said Mr Garland would be able to appear online for any parliamentary committee meetings that occurred outside sitting weeks.
Mr Garland said it would be "a terrible situation" if he did not attend parliament over the next six months while his licence was suspended.
Mr Garland told the court the restricted licence would allow him to travel to Hobart on Monday during sitting weeks and drive back to his home at Boat Harbour, in the state's north-west, at the conclusion of parliament on Thursday evening.
Craig Garland was first elected to parliament last year. (ABC News: Ebony ten Broeke)
The restriction will allow Mr Garland to drive between his home no more than 24 hours prior to the commencement of sitting at Parliament House in Hobart, and return to his residence no more than 24 hours after the conclusion of parliament sitting.
Magistrate Topfer said it was appropriate to grant Mr Garland a restricted licence, noting it would impose a severe and unusual hardship if he were not able to drive to parliament.
MP sleeps on friend's balcony while in Hobart
As part of the application for a restricted licence, Greg Barns asked the magistrate to allow Mr Garland to drive to and from Parliament House and Clifton Beach, a suburb 28 kilometres away, in Hobart's outskirts, on sitting days.Mr Garland said he stayed at a friend's house at Clifton Beach while in Hobart.
Magistrate Topfer took issue with this part of the application, asking Mr Garland why he was not able to stay in town.
Mr Garland said he tried sleeping in the city last year, but was not used to the noise and had difficulty sleeping.
He said, "You're dealing with important legislation," and he found it "extremely difficult" to attend parliament without proper sleep.
"I can't do this," he said.
"It was out of necessity.
He told the court that at home he usually slept on a hard surface outside, and during parliamentary sitting weeks often he slept on a friend's balcony.
Magistrate Topfer told Mr Garland she had sympathy for him but she was not satisfied that there was nowhere else he could stay.
Mr Barns later withdrew this part of the application.
Parliament will next sit on November 4.
By Mackenzie Heard
