Pubdate: Tue, 07 Oct 2003
Source: Canadian Champion, The (CN ON)
Copyright: 2003 Metroland Printing, Publishing and Distributing Ltd
Contact:  http://www.haltonsearch.com/hr/mcc/
Details: http://www.mapinc.org/media/1503
Author: Stephanie Thiessen

RURAL POT HOUSE CASE WITHDRAWN

A glitch in how police conducted an investigation means the case of two 
Milton residents charged in connection with a marijuana growing operation 
has been tossed out of court.

Halton Regional Police seized $250,000 worth of drugs as well as hydroponic 
growing equipment and 251 marijuana plants during a raid at a Fourth Line 
residence in June, 2001.

Det. Const. Ed Guys from Halton police's drug and morality bureau told The 
Champion cops were tipped off when a photo lab told police of pictures they 
had developed of what appeared to be a marijuana-growing operation.

As a result of the photos, police obtained a search warrant, which led to 
the rural Milton seizure, Det. Const. Guys said.

But September 22, Madam Justice Linda Walters ruled at Superior Court of 
Justice in Milton that the photos should have been acquired with a search 
warrant, Det. Const. Guys said.

"Any evidence (obtained) after the photos... is evidence not allowed in 
court," he said.

So, the case was dismissed.

As Crown Attorney Ted Graham put it, "Because there was no evidence, there 
was no case, so the charges were dismissed. The matter basically got itself 
resolved."

Defence lawyer Caspar Sinnige said he thought the judge made the right 
decision.

"When you give pictures to any place to be developed, you have a reasonable 
expectation for privacy. You don't expect them to be put on the Internet or 
handed around to friends," Mr. Sinnige said.

The judge recognized this, he said, and decided police should have had a 
warrant to obtain the photos from the developing company.

"It's the right outcome," Mr. Sinnige said.

Det. Const. Guys said there are still issues police have to deal with 
pertaining to the case.

"Now we have to deal with the issue of property being returned," he said. 
"They already got back their hydroponic equipment. It'll be interesting."

Agnieska Wojyanowska and Douglas Weil were cleared of all charges, which 
included producing a controlled substance, possession of a controlled 
substance and possession for the purpose of trafficking.
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MAP posted-by: Keith Brilhart