Pubdate: Wed, 06 Sep 2006
Source: Globe and Mail (Canada)
Copyright: 2006, The Globe and Mail Company
Contact:  http://www.globeandmail.ca/
Details: http://www.mapinc.org/media/168
Author: Shannon Kari
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

POT CAFE SENTENCING DELAYED

Crown Requests Week Adjournment

VANCOUVER - The sentencing of the former owner of the Da Kine cafe
was unexpectedly adjourned yesterday because the Crown objected to the
judge hearing about some of the political debate leading up to the
September, 2004, police raid.

Carol Gwilt, 39, was supposed to be sentenced yesterday on two sets of
charges of marijuana trafficking and others related to the proceeds of
crime.

Police seized nine kilograms of marijuana and more than $60,000 in
cash in the Sept. 9, 2004, raid on the Commercial Drive cafe that
openly sold marijuana.

Ms. Gwilt was arrested again a week later while on bail. A police
search of her car found a bag of marijuana and $11,000 in cash.

Crown attorney Paul Reilly and defence lawyer Jason Gratl told Madam
Justice Catherine Wedge they would be making a joint submission on the
sentencing.

Neither lawyer would comment outside court, but it is believed the
joint submission will suggest a 15-month jail sentence be imposed
against Ms. Gwilt.

Mr. Reilly asked for a one-week adjournment, because of information
Mr. Gratl wants to include in an agreed statement of facts.

The court heard the material relates to what municipal officials and
police knew about the open selling of marijuana at the Da Kine cafe,
which had received a business licence from the city.

Mr. Gratl described it as an attitude of "acquiescence" by city
officials about the selling of marijuana at the cafe.

"I don't view those circumstances as relevant," Mr. Reilly
said.

The Da Kine received widespread publicity after Ms. Gwilt admitted in
early September of that year that marijuana was sold at the
Amsterdam-style cafe.

The City of Vancouver had scheduled a Sept. 15 hearing that year to
decide whether to revoke the cafe's business licence.

A week before the scheduled hearing, B.C. Solicitor-General Rich
Coleman criticized city officials for having a "ho-hum attitude" about
the issue.

Larry Campbell, who was Vancouver mayor at the time, was quoted
earlier that week as saying that he did not believe it was a "big
deal," although he did not condone the marijuana sales.

The same day that Mr. Coleman's comments were published, more than two
dozen Vancouver police officers raided the cafe.

Ms. Gwilt declined to comment yesterday about the delay, although she
indicated it would give her some more time with friends and family.

"I was prepared today to go to jail," she said.

Sentencing resumes Sept. 15.
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MAP posted-by: Derek