A Melbourne couple who supplied medicinal marijuana to the chronically ill say they'll take their fight against serious drugs charges to a jury, and are prepared to be jailed for their beliefs.
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Matthew and Elizabeth Pallett, who provided medical cannabis products to people with multiple sclerosis, cancer, epilepsy, fibromyalgia and Crohn's disease, face charges of cultivating, possessing and trafficking cannabis at a time when governments are moving to legalise medical cannabis.
About five years ago the couple established a "compassion club" and began openly providing cannabis-based tinctures, chocolates and butters to regular clients.
They were charged following a police raid on their Carrum Downs home in May. Police say they seized about five kilograms of marijuana.
Mr Pallett told Melbourne Magistrates Court on Wednesday he and his wife wanted their cases decided by a County Court jury rather than a magistrate and would represent themselves, as they could not afford a lawyer and Victoria Legal Aid would not fund their cases at a trial.
A guilty verdict in the higher court could potentially mean tougher penalties.
Outside court, Mr Pallett, 54, said he and his wife, 65, wanted a jury to decide their fate because "the people have the right to say that a law is not valid by just refusing to uphold it".
A magistrate, he said, was a government employee and bound to uphold the law.
The Pallets, who are on disability pensions and use cannabis to self-medicate their respective health problems, plan to represent themselves at trial, "unless we have a QC step in and do it pro bono".
But they remain confident they can win.
"I don't think a jury of people here in Melbourne would consider that compassion is a crime," Mr Pallett said.
"Compassion is what we should be doing, not ... turning people into criminals for."
With a group of about 10 supporters behind them, the couple said they had witnesses to provide evidence, including relatives of past clients. Those clients had found pain relief when using the Palletts' products but had died in the months since they could no longer be supplied.
Even if found guilty, the couple said they were "absolutely" prepared to go to jail in support of their beliefs.
"I know we've done nothing wrong. All we've done is helped people who needed help. That's not a crime," Mr Pallett said.
In court on Wednesday the Palletts were given permission to cross-examine a botanist and the policeman in charge of the investigation at their committal hearing, which is scheduled for February.
The court heard police were yet to return to Mrs Pallett her mobile phone, which was seized in the raid.
Prosecutor David Bosso said the phone had been booked in for analysis. Magistrate Charlie Rozencwajg told the couple to apply to the court to have the phone returned.
Mrs Pallett muttered an insult to the investigating policeman as she and her supporters left court.
