Pubdate: Wed, 29 May 2002
Source: Kitchener-Waterloo Record (CN ON)
Copyright: 2002 Kitchener-Waterloo Record
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Frances Barrick

POT GROWER'S SENTENCING DELAYED FOR FOURTH TIME

KITCHENER -- Yesterday, Muoi Vu was supposed to have learned how many 
months he would have to spend in jail for illegally growing marijuana in a 
house on Lombardy Court in Kitchener. Instead, his sentencing was adjourned 
yet again -- the fourth time in four months.

Now he will have to wait until June 11 to know his fate.

"It is another example of how this changeover in (drug) Crowns is causing 
chaos in the courts," defence lawyer Craig Parry said in an interview.

The Kitchener lawyer was referring to the recent resignation of Waterloo 
Region's two drug prosecutors and the fact that drug prosecutors from 
Toronto are taking over the cases which has caused delays.

Parry said his client is looking at jail time, but the question still to be 
settled by Justice Bruce Frazer is the length of time Vu will have to spend 
behind bars.

Initially, Vu was scheduled to be sentenced in January after he was 
convicted of growing 156 marijuana plants and stealing $1,872 worth of hydro.

Police raided the house on Nov. 8, 2000.

The first sentencing adjournment occurred when Vu switched lawyers, and 
then the case was adjourned again because the Kitchener judge was involved 
in another, lengthy court case.

Then the strike by provincial civil servants delayed the completion of Vu's 
pre-sentence report, which is written in cases where someone is in jeopardy 
of going to jail.

And then yesterday, Stephane Marinier, acting senior counsel for the 
Ontario Region of the Justice Department, asked Frazer for a fourth 
adjournment to complete an agreed-statement-of-fact on the impact these 
grow operations have had on the community such as risks of fire and 
electrocution.

Marinier told the judge that he needs a copy of a court transcript of 
another grow case to assist him in preparing the statement of fact and he 
hasn't yet been able to locate the transcript.

Frazer reluctantly agreed to the fourth adjournment, saying it would be the 
last one he would grant in this case.

"My concern is the number of times Mr. Vu has had to return to the courts, 
just to be told he must return again," the judge said.

Parry said his client has consented to every adjournment.
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