POLICE had no idea that engineer Timothy James Swift was breaking the law when they searched his home in Copmanthorpe, York, magistrates heard.

They were looking for evidence against his lodger who had been implicated in a burglary.

But when they searched the loft they found five dead cannabis plants and electrical and other equipment for the illegal garden.

Swift, 26, of Temple Lane, Copmanthorpe, was out during the search, but was arrested on his return him. He pleaded guilty to cultivating cannabis.

York magistrates gave him a six-month conditional discharge and ordered him to pay £120 compensation. They also confiscated the drugs and drug equipment.

Martin Butterworth, prosecuting, said that Swift had built a wall in the loft to create a room in which he grew the illegal plants. He had a "sophisticated" set-up which contained a large amount of equipment and police also found pamphlets and other information on how to grow cannabis.

Craig Sutcliffe, representing Swift, disputed the "sophisticated" claim. He said Swift was a trained engineer with good practical skills, so that putting together the cannabis growing equipment had been a matter of a few hours' work for him. He had set it up to produce cannabis for his own use as he was between jobs and did not have any money.

Magazines on how to grow cannabis could be bought on the High Street and he had bought the seeds legally in York city centre. He had only had the plants for a short time before police arrived.

He had killed the plants before the search. He had decided to stop growing the plants because he did not want them in the house when his children visited.

Mr Sutcliffe said the police had not come because they knew about the drugs. They were investigating a burglary in which Swift's lodger had been implicated and searched his house while he was out.

Updated: 08:22 Thursday, August 21, 2003