Pubdate: Mon, 29 Sep 2008
Source: Parklander, The (CN AB)
Contact: http://www.hintonparklander.com/feedback1/LetterToEditor.aspx
Copyright: 2008 Hinton Parklander
Website: http://www.hintonparklander.com
Details: http://www.mapinc.org/media/782
Author: Richard Liebrecht
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/hallucinogens.htm (Hallucinogens)

NO SMELL, NO JAIL

Hadn't Smelt It, Hadn't Dealt It.

A B.C. man was acquitted of trafficking 5.5 kilograms of "magic 
mushrooms" in Hinton Court of Qeeen's Bench Sept. 25 because the 
accused and police could not agree on the smell of marijuana in the 
accused's borrowed car.

On June 20, 2006, Whlhelm Evers was caught in a speed trap by 
Whitecourt RCMP near Carrot Creek on Highway 16 driving as fast as 
160 kmh. He was arrested after three officers smelled "fresh-cut" 
marijuana in the car. A search turned up a hockey bag full of 
hallucinogenic psilocybin mushrooms, as well as a bag of marijuana, 
in the trunk of the car. All the bags were vacuum-sealed and could 
not have emitted a smell, according to expert testimony in the case. 
Evers was charged with trafficking both the mushrooms and the 
marijuana. In sworn testimony, Evers said that, though he did not 
have any impediment to his smell, he could not smell the weed in the 
car during his hours-long trip from Cumberland, B.C. to Edmonton to 
sell glass pipes to paraphernalia stores. He also said he borrowed 
the car from his brother and did not know the drugs were in the trunk.

The Crown prosecutor asked Judge B.R. Burrows to ignore Evers' smell 
testimony, asserting that he was lying. If Evers had indeed smelled 
the marijuana, the Crown said the smell should have prompted him to 
search the car.

However, Burrows said in his judgment the Crown had not presented 
evidence to prove that one person could not have missed the odour, 
even while three officers smelled the marijuana.

Though Burrows said Evers' credibility was "very much in issue", he 
could not find without a doubt that Evers had lied. By that test, 
according to Supreme Court protocol noted in the judgment, Burrows 
said he had to acquit Evers.
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