Pubdate: Wed, 27 Mar 2002 Source: Independent, The (CN ON) Copyright: 2002 Conolly Publishing Ltd. Contact: http://www.eastnorthumberland.com/thisweek.html Details: http://www.mapinc.org/media/1596 Author: Tom Philps PRELIMINARY HEARING IN MAY FOR MEDICAL POT GROWERS Despite intense pre-trial negotiations Monday afternoon between federal prosecutors and attorneys representing three local people facing marijuana related charges, the cases are set to go to preliminary hearing in the next 2 months. Lawyers for Cramahe Township residents Dianne Bruce, Jerry Kresjola, and Bruce's 18- year-old daughter Michelle Hughey, met with their Crown counterparts in the Cobourg chambers of Justice Rhys Morgan. After an hour of closed-door talks, the three accused were brought before Justice Morgan, and remanded for preliminary hearings for April and May. Hughey, who is charged with possessing marijuana in her mother's Dundonald home during a police raid last October 19th, appears in Cobourg court April 8th. She has been free on her own recognizance since the day of the bust. Bruce, who stated steadfastly that she was growing marijuana for more than 40 people granted permission to use the drug under section 56 of Canada's Controlled Drug and Substances Act (CDSA), appears in court again May 7th. Kresjola, who was not at the Bruce residence when the drug raid took place, and who subsequently surrendered to police in February, was also remanded until May 7th. Kresjola remains in custody and appears before Justice Morgan again later this week, or early next for a bail hearing. In an interview outside the courtroom, Hughey said her lawyer, Dan Thompson, was unable to persuade prosecutors to drop the marijuana charges against her. Crown attorneys are using her to put pressure on Bruce, she said. " They're just looking for a way to get to Mom through me," she said. "But Mom's not going to plead guilty to anything just to have my charges thrown out." "We haven't done anything wrong," Hughey said. Bruce, who was granted bail after spending nine days in jail following the raid, said the stress of the past 5 months has aggravated her numerous medical problems, including spastic colon and fibromyalgia. "I know my lawyer's doing all he can, but I don't understand why (Special Prosecutor) Doug Mann can't see how wrong this is," Bruce said. " I was growing medical Marijuana for sick people, and the police knew about that for months." Police officers told a reporter from The Independent they were aware of Bruce's marijuana garden as early as May 2001. One Cobourg drug squad officer admitted to being asked to sit on the board of Bruce's company, Lady Dyz Helping Hands, in June, but declined because of an "obvious conflict of interest." A Peterborough member of the police squad visited the "grow" several times last summer and fall, and Bruce has a colour photograph of him standing among shoulder-high marijuana plants in September. Bruce's lawyer, David McCaskill, said regardless of what evidence Bruce and the others present in their defense, the crown appears ready to make an example of Ms. Bruce, and nobody should expect any "quick resolution" of these cases. McCaskill said if the Bruce case goes to trial by October, "that would really be moving things along." "At the end of the day, we have to fight this properly, and that's going to take some time," he said. "At some point we are going to get some answers under oath, and then we will see the real story come out." McCaskill said he expects the Bruce case will set legal precedents about medical marijuana operations, and challenge the federal government's own record about "who should be granted exemptions and growing privileges." " We are going to show (the Crown) that they are supporting a law that is fundamentally unfair," he said. "This could very much end up as a Morgentaler-type case." - --- MAP posted-by: Beth