Pubdate: Wed, 11 Sep 2002
Source: Kitchener-Waterloo Record (CN ON)
Copyright: 2002 Kitchener-Waterloo Record
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Frances Barrick

DRUG CHARGES SHOULD BE DROPPED BECAUSE OF TRIAL DELAYS, LAWYER SAYS

KITCHENER -- A local family may walk away from drug and conspiracy charges 
in connection with large-scale marijuana-growing operations because of 
delays in getting their case to trial.

"I am going to try and get them (charges) thrown out" because of the 
delays, Kitchener lawyer Hal Mattson said shortly after nine members of the 
Tran family made a brief court appearance in Kitchener yesterday.

Justice Gary Hearn agreed to adjourn the case to Oct. 8, but not without 
warning drug prosecutor David Rowcliffe to be ready to proceed with the 
case that day.

"I appreciate you are busy, but get a little busier," Hearn told Rowcliffe.

This case dates back to June 2001, when police raided 17 properties and 
seized almost 2,000 plants valued at between $1.3 million and $1.9 million.

As a result of this police investigation, dubbed Project Greenhouse, nine 
members of the Tran family face drug and conspiracy charges.

The family is headed by Ba Thuan Tran, the 56-year-old patriarch. He and 
his wife have six children and two sons-in-law.

Mattson, who represents the father, said the delays in getting this case to 
trial stem from last spring's resignation of local drug prosecutor Pat Flynn.

Since then several drug prosecutors have been assigned to the case, with 
Rowcliffe being the latest.

"This matter is starting to get a little long in the tooth," Mattson told 
Hearn.

As of yesterday, the case has been before the courts for 15 months, and 
Mattson said case law dictates that charges should be dealt with by the 
courts within 18 months.

In addition, a preliminary hearing in this case is slated to last 60 days, 
and because of court scheduling, that hearing to determine whether there is 
enough evidence to go to trial might not occur for another year.

"This is not the fault of the accused. But if the state wants to prosecute, 
they should do it in a timely fashion," Mattson said.
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