Pubdate: Sat, 03 Jan 2004
Source: Calgary Herald (CN AB)
Copyright: 2004 Calgary Herald
Contact:  http://www.canada.com/calgary/calgaryherald/
Details: http://www.mapinc.org/media/66
Author: Scott Crowson
Bookmark: http://www.mapinc.org/grant.htm (Krieger, Grant)

CANNABIS CRUSADER APPEALS

Grant Krieger Is Appealing His Controversial Pot Conviction From Last Month.

"I don't feel justice was done in that courtroom that day," said the 
49-year-old Calgarian, who has attained a degree of notoriety for fighting 
the country's drug laws and advocating marijuana for medicinal use. "I had 
two jurors who did not want to convict me for what I did."

On charges that stem from a 1999 arrest, Krieger was convicted Dec. 3 of 
possessing marijuana for the purpose of trafficking. He was sentenced to 
one day in jail, which he had already served while in custody nearly five 
years ago.

Krieger, who suffers from multiple sclerosis and uses cannabis butter to 
ease the pain, doesn't deny he had 29 pot plants in his house back in 1999. 
Rather, he's appealing the conviction because he thinks the law is wrong.

The conviction stirred public debate because Court of Queen's Bench Justice 
Paul Chrumka instructed the jury to find Krieger guilty of the offence. The 
instructions resulted in an unprecedented courtroom scene when two jurors 
refused, saying they couldn't go against their conscience. One of them 
broke down in tears. Chrumka refused their request to be dismissed, instead 
ordering them to return to deliberations and come back with a guilty 
verdict. They did, after spending 91/2 hours behind closed doors.

Defence lawyer Adriano Iovinelli filed the appeal Wednesday. Iovinelli said 
he expected the matter to be heard in the Alberta Court of Appeal this 
September. He outlined three grounds for the appeal.

"It's all on questions of law," he said Friday.

The first one is whether or not the judge erred in not permitting Iovinelli 
to present a defence of necessity -- to argue his client had no choice but 
to break the law. Krieger runs a "compassion club" and provides pot to 
others who use it for medicinal reasons.

The second issue is the charge to the jury.

"He more or less directed a verdict to the jury," Iovinelli said, referring 
to the judge.

The third issue is the questioning of the jury members who wanted to be 
excused.

No Crown prosecutor was available for comment.
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