Ms BURNET (Clark) – Honourable Speaker, before I start, I acknowledge the heartfelt Adjournment speech from Mr Garland calling out the genocide that is happening in the Gaza Strip right now.
I rise this evening to place on record the struggle and what seemed relentless pursuit of a 74‑year‑old man who was only trying to do the right thing to help others in pain and suffering. I speak of Mr Andrew Irving, who would be known to many in this place. Former member for Lyons – now federal member for Lyons – Ms White certainly advocated on Mr Irving’s behalf.
I call Andrew Irving a friend. Andrew has campaigned for access to medical cannabis and wants to see cannabis legalised. Andrew’s wife Marilyn was his world. Unfortunately, Marilyn became extremely unwell. Her neurological condition was cruel. It made muscles spasm and pain unbearable. Andrew made a medical cannabis tincture or topical cream which gave significant pain relief when other conventional mainstream treatments failed.
Andrew had grown cannabis at home to treat his beloved wife Marilyn’s pain and muscle spasms, and she encouraged Andrew to continue with this work once she was gone. That was Marilyn’s legacy. Andrew, as a long‑term advocate for the benefits of medical cannabis, channelled his energy and grief, which was significant, into helping others.
Unfortunately, Andrew’s kindness was taken advantage of. I will not go into the details of how he was set up and turned in to the police, but this in itself was a cruel blow. The charges were severe. The court process was diabolical. He suffered through the process, the many adjournments of his case, the worry of his predicament. Recently we heard the welcome news that Andrew Irving will not face a custodial sentence as his court case finally concluded after three years.
An article by Sue Bailey on the Sunday Tasmanian on 6 April, said:
Andrew’s life has been left in tatters. For three years he has suffered the fate of the law system, of adjourned hearings, of the angst that someone going through this has been, of significant legal costs awarded against him.
From the same article:
Acting Justice Shane Marshall described Andrew’s actions as having had very commendable noble aspects and spoke of the suffering Andrew went through, including three mini strokes and serious mental health challenges as the case drew on.
Andrew has been a tireless campaigner for extending access to medical cannabis for those who need it, having seen the effectiveness in treating Marilyn’s condition. He wants to see cannabis legalised. The cruel irony is that if it had been at the time of his arrest, then it would be unlikely that he would have been dragged through the mire.
Despite the mercy shown in imposing a non‑custodial sentence, the case continues to have a devastating impact on Andrew’s life. Tasmania Police seized his savings in cash when he was arrested and this had to be forfeited. He has been fined over $40,000 despite the court acknowledging that his primary motivation in offending was helping others. Someone of his age that has done no harm and created no victim does not deserve to be fined such an excessive amount for the crime of caring for others. There is a GoFundMe campaign to help Andrew with his legal costs. It is https://www.gofundme.com/f/save-a-pensioner-from-debt
Medical cannabis is legal across many parts of the world. In the ACT, Andrew would have been able to legally grow his own plants to manage Marilyn’s condition. It helps thousands of people in Tasmania to treat conditions like serious chronic pain from which they can find no other relief. It is long past time we fixed our outdated Tasmanian laws when it comes to drugs. It is time to treat the use of drugs as a health issue rather than a criminal issue.
If you can, please go to Andrew’s GoFundMe campaign and help him in his predicament. I am very proud to call Andrew a friend.
