Pubdate: Tue, 10 Feb 2009
Source: Chronicle-Journal, The (CN ON)
Copyright: 2009 The Chronicle-Journal
Author: Sarah Elizabeth Brown
Bookmark: (Cannabis)


A Nipigon provincial police officer's live-in boyfriend pleaded guilty
Monday to growing a half-dozen marijuana plants on the officer's property,
and admitted to using up to seven grams of pot a day.

Kenny Byram, 30, pleaded guilty in Ontario Court in Thunder Bay to
producing marijuana and marijuana possession.

Justice Joyce Pelletier agreed to a joint submission from Crown and
defence for a $500 fine and a suspended sentence with 12 months of

The Crown, a prosecutor from Ottawa, withdrew similar charges against
Nipigon OPP Const. Lynn MacKay.

"You were living with a police officer at the time," Pelletier said to
Byram. "You put great suspicion on the administration of justice. The
community relies on the great integrity of the administration of justice."

Pelletier also noted that when a member of the justice system is involved,
police use vast resources to investigate.

MacKay was a 17-year veteran of the provincial police at the time of
arrest on Oct. 5, 2007. She has been suspended with pay since then.

Her Police Services Act charge of discreditable conduct is still working
its way through the police disciplinary system, and on March 11 lawyers
are to set a trial date, Nipigon OPP detachment commander acting Staff
Sgt. Brent Anderson said.

Prosecutor Kelly Reitsma told court that in September 2007, a man who'd
done carpentry and construction work on MacKay's property told police he'd
seen three marijuana plants and knew the drug was being dried there as

With an initial warrant to search the property, investigators located six
marijuana plants. When they returned to search outbuildings a few days
later, Byram told the OPP, RCMP and Thunder Bay Police officers that he'd
take them to the marijuana on the property and that his girlfriend didn't
know about it, Reitsma told the court.

Police seized the six plants, 143 grams of marijuana and 41 grams of
marijuana shake material from the barn, residence and garage.

Officers also found items such as fluorescent lights, fertilizer and other
chemicals, part of a marijuana grower's guide and 14 pot-related

In his statement to police, Byram said the drugs were his and that MacKay
knew nothing about them.

She told police the same thing, and said she didn't use drugs, court was

"Clearly it was a small, not very sophisticated operation," said defence
lawyer David Bruzzese. "The plants were not in good shape when Mr. Byram
surrendered to police."

Bruzzese noted Byram co-operated with police, has no prior criminal record
and is working full-time in Western Canada as a heavy equipment operator.

Pelletier said there are no signs that Byram was selling the drugs, and
that she accepts that a drug problem he had at the time is now under

When police arrested him, Byram told officers he was using seven grams of
marijuana a day.

Byram told the court he realizes he didn't only hurt himself, but those
around him.

"I've learned a valuable lesson in all this," he told the court during an
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