Pubdate: Tue, 12 Feb 2008
Source: Regina Leader-Post (CN SN)
Copyright: 2008 The Leader-Post Ltd.
Contact:  http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Barb Pacholik

JURY WILL DECIDE FATE OF MARIJUANA GROWERS

A case mixing marijuana with mysticism and criminal law with culture
is expected to be in the hands of 12 jurors today.

What the prosecution has called the largest, most sophisticated, and
potentially profitable marijuana grow-op in this province's history,
the defence portrayed as an altruistic operation to cultivate
"medicine" at the request of the "Creator" -- at least in the minds of
the accused.

The seven-woman, five-man jury was expected to begin deliberations
this afternoon after getting final directions from Court of Queen's
Bench Justice Frank Gerein.

The case centres on an RCMP raid that uncovered more than 6,000
cannabis marijuana plants growing primarily in six large greenhouses
and four slightly smaller outdoor plots at a site on the Pasqua First
Nation. Lawrence Hubert Agecoutay, 52, Chester Fernand Girard, 59,
Nelson Edward Northwood, 58, Jack Allan Northwood, 55, Joseph Clayton
Agecoutay, 47, and Robert Stanley Agecoutay, 48, are charged with
illegally producing marijuana between April 1 and Aug. 21, 2005 and
possessing the drug for the purpose of trafficking. Robert Agecoutay
is also charged with possessing a prohibited weapon -- a sawed-off
shotgun, while Girard faces an additional charge of forcible entry of
a house.

In closing arguments Monday, defence lawyer Rod Simaluk urged the jury
to consider the heart and mind of his client Lawrence Agecoutay, the
self-described head chief of the Anishinabe Nations of Turtle Island
Indian Reserve.

"He truly believed that Indian reserve is a sovereign nation, separate
and distinct from the rest of Canada," said Simaluk.

"What the chief wanted to do was provide medicine for his people,"
said Simaluk, noting his client believed he was following the
Creator's direction.

Crown prosecutor Darrell Blais contended documents show exactly what
they had in mind. The "marijuana business plan" suggests a scheme to
split a $2 million profit from the six greenhouses and another $1.3
million from the four plots, he said.

"We all know what these accused were growing. It was cannabis
marijuana," said Blais, who noted Lawrence Agecoutay recruited family
members to work. "Children as young as 10 years old laboured in these
marijuana fields," he said.

Both sides agreed Chester Girard was the cultivation expert. Defence
lawyer Drew Hitchcock said the Ontario man -- who prefers his adopted
Indian name Asina Anana -- was like a contractor hired to do a job he
believed was legitimate.

"They believed the Creator had put them together to make this dream
come a reality," said Hitchcock, who said the jury doesn't have to
share that belief, but appreciate that the accused believed.

Blais argued the dream was about money, noting a notebook found in the
teepee from which Girard fled shows future plans to grow three crops a
year for a $9 million profit.

Blais argued financial gain also motivated Nelson Northwood, who
invested $40,000 in anticipation of a "$160,000 payday."

Court heard Northwood, in financial trouble after a job injury, joined
a "de-tax" group in the belief people don't have to pay income tax.

Lawyer Robert Mulligan described his client as an insomniac with
memory problems. Given his "misguided thinking" about the tax system,
he was clearly vulnerable to the influence of others and "wanted to
believe this," he said.

In a letter, Northwood thanked Lawrence Agecoutay for arranging his
adoption by the Anishinabe Nation and expressed his "hope we can work
together to better ourselves and others." He signed his Indian name
Shung Ki Ka No Da Ko Schit Kee Uzance. "Is that the letter of a
criminal?" asked Mulligan.

Defence lawyers Darin Chow, Darren Winegarden, and Cam McCannell,
representing Jack Northwood, Joseph Agecoutay and Robert Agecoutay
respectively, argued their clients also believed this was medicine.

Winegarden pointed out a potted marijuana plant in front of one of the
Agecoutay's homes.

"Is that something someone is hiding?" he asked. "They were growing
marijuana plants and they were proud of it."
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