Pubdate: Tue, 08 Jan 2013
Source: Abbotsford News (CN BC)
Copyright: 2013 Abbotsford News
Contact: http://drugsense.org/url/BkAJKrUD
Website: http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Vikki Hopes

CROWN TO APPEAL FELGER'S ACQUITTAL

The federal Crown has filed a notice of appeal against pot activist
Tim Felger's acquittal on drug charges.

The notice was filed Dec. 21 with the B.C. Court of Appeal. A date has
not yet been set to determine whether the appeal should be granted.

Felger, 55, was acquitted Dec. 10 in B.C. Supreme Court in Chilliwack
of seven charges - six counts of trafficking in a controlled substance
and one count of possession for the purpose of trafficking.

Justice Brian Joyce threw out all the evidence, saying a 2009 police
search of Felger's Da Kine store - located at that time on Essendene
Avenue in Abbotsford - breached his charter rights.

Joyce said police had trespassed on Felger's property by ignoring
signs he had posted that stated "no member of the Abbotsford Police
Department is allowed onto this premise without a warrant."

In the "notice of appeal" documents, the Crown states that Joyce erred
when he said Felger was entitled to an "expectation of privacy" at his
business and that his charter rights were breached.

Felger said he is not worried about the potential appeal and has
confidence in his lawyer, Ken Beach.

"We will just take their arguments apart piece by piece.
Systematically and deliberately we will prove my case," he said in an
email.

If the appeal is granted, a hearing would take place to determine
whether Felger's acquittal should be set aside and a new trial ordered.

If the appeal is dismissed, the acquittal would stand, but the Crown
could pursue the matter through the Supreme Court of Canada.
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