Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A 61-year-old Guelph man's charges of production and possession of $2.6 million of marijuana were dismissed Dec. 18 after the accused man's statement to police was excluded based on a violation of his constitutional rights.
More details of what happened in the case are available since it was reported last week that the charges were dismissed.
Walkerton Ontario Court Justice George Brophy ruled the rights to counsel of accused Ba Thuan Tran were violated after a raid on a farm near Dornoch in September, 2007, supervising federal Crown attorney Stephane Marinier said in an interview.
Marinier, who was responding to inquiries from The Sun Times last week, said Brophy acquitted the defendant after a two-day trial.
The decision will not be appealed, said Marinier, of the Public Prosecution Service of Canada. No one else was charged.
The excluded statement had to do with how long Tran had been at the residence, Marinier said. It dealt with "the property and how he (Tran) came to be there," said federal Crown Niall Gilks, who conducted the trial. He was reluctant to be more specific, since the statement was excluded as evidence.
Police took the statement when Tran was arrested, Gilks said in an interview Tuesday. Gilks said he couldn't say how significant that Charter ruling was. He added "It was a circumstantial case."
Gilks said Brophy considered the entirety of the case and concluded "there wasn't sufficient evidence to convict the accused." The judge didn't issue a written ruling, court staff said.
Fifty officers from West Grey, the OPP, RCMP, Guelph, Owen Sound and Waterloo Regional Police seized 1,990 plants from a property on Highway 6 south of Dornoch in the former Glenelg Township, police said at the time.
Officials used a helicopter to fly over the area, which led to the seizure of an additional 593 plants at six locations.
This week, West Grey Police Service referred calls about the case to an investigating officer, who could not be reached for comment Tuesday.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Owen Sound Sun Times
Author: SCOTT DUNN
Copyright: 2009 Sun Media
Contact: Contact Us - Owen Sound Sun Times - Ontario, CA
Website: Statement tossed, pot case dismissed - Owen Sound Sun Times - Ontario, CA
More details of what happened in the case are available since it was reported last week that the charges were dismissed.
Walkerton Ontario Court Justice George Brophy ruled the rights to counsel of accused Ba Thuan Tran were violated after a raid on a farm near Dornoch in September, 2007, supervising federal Crown attorney Stephane Marinier said in an interview.
Marinier, who was responding to inquiries from The Sun Times last week, said Brophy acquitted the defendant after a two-day trial.
The decision will not be appealed, said Marinier, of the Public Prosecution Service of Canada. No one else was charged.
The excluded statement had to do with how long Tran had been at the residence, Marinier said. It dealt with "the property and how he (Tran) came to be there," said federal Crown Niall Gilks, who conducted the trial. He was reluctant to be more specific, since the statement was excluded as evidence.
Police took the statement when Tran was arrested, Gilks said in an interview Tuesday. Gilks said he couldn't say how significant that Charter ruling was. He added "It was a circumstantial case."
Gilks said Brophy considered the entirety of the case and concluded "there wasn't sufficient evidence to convict the accused." The judge didn't issue a written ruling, court staff said.
Fifty officers from West Grey, the OPP, RCMP, Guelph, Owen Sound and Waterloo Regional Police seized 1,990 plants from a property on Highway 6 south of Dornoch in the former Glenelg Township, police said at the time.
Officials used a helicopter to fly over the area, which led to the seizure of an additional 593 plants at six locations.
This week, West Grey Police Service referred calls about the case to an investigating officer, who could not be reached for comment Tuesday.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Owen Sound Sun Times
Author: SCOTT DUNN
Copyright: 2009 Sun Media
Contact: Contact Us - Owen Sound Sun Times - Ontario, CA
Website: Statement tossed, pot case dismissed - Owen Sound Sun Times - Ontario, CA
