Pubdate: Thu, 29 Dec 2011
Source: Creston Valley Advance (CN BC)
Copyright: 2011 Black Press
Contact: http://drugsense.org/url/Kn5Ndn9Z
Website: http://www.bclocalnews.com/kootenay_rockies/crestonvalleyadvance/
Details: http://www.mapinc.org/media/1413
Author: Lorne Eckersley

JUDGE SHORTAGE THWARTS CRESTON CONVICTIONS

Creston RCMP are frustrated that criminal charges are being dismissed 
because of a shortage of provincial court judges.

"Everyone - police, Crown council and the judges we do have - works 
hard to make our justice system responsive to the community," said 
Cpl. Monte Taylor. "But we are all frustrated when cases are thrown 
out because of court delays that result from the shortage of judges."

A recent example, he said, came in mid-November when a judge threw 
out charges arising from an indoor marijuana grow-op bust, citing 
"unreasonable delay".

The case stems back to August 2009, when Creston police discovered 
the grow-op when a 911 call was accidentally made from a home in the 
500 block of 14th Avenue South. The ensuing investigation led to the 
discovery of 89 marijuana plants and a small quantity of dried 
marijuana. Two adults, a 67-year-old female and a 53-year-old male, 
were subsequently charged with production of a controlled substance 
for the purpose of trafficking.

The two arrived in November for an 11th court appearance, most of 
which were rescheduled because of a lack of court time due to the 
unavailability of judges.

Defence lawyers are using the judicial shortage to their advantage 
now, Taylor said, seeking out reasons to delay proceedings in the 
hope that the lack of court time will eventually lead to the 
dismissal of charges.
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