Pubdate: Fri, 11 Apr 2003
Source: Kelowna Capital News (CN BC)
Copyright: 2003, West Partners Publishing Ltd.
Contact:  http://www.kelownacapnews.com/
Details: http://www.mapinc.org/media/1294
Author: Marshall Jones

RCMP TO FACE LAWSUIT

A Kelowna landlord who was charged despite the fact no evidence linked him 
to his tenants' marijuana growing operation will seek reimbursement for his 
legal costs.

Last week, provincial court Judge Nancy Phillips dropped all charges 
against Keith Kepes, noting that the complete lack of evidence against him 
was of concern to the court.

Kepes' lawyer, Kelly Christiansen, told the court she wanted leave to argue 
for costs, noting she hadn't been instructed by her client.

On Thursday, Christiansen was informed that Phillips would hear the unusual 
application.

"This is the first time in 13 years I have ever considered doing this," 
Christiansen said at last week's hearing.

During his preliminary hearing, the court heard that police suspected Kepes 
was involved in the 300-plant grow operation because the utilities were in 
his name, which many landlords do.

The court also heard that a police officer knowingly lied to him to get him 
to provide a statement.

He was then charged with an indictable offence despite the fact there 
wasn't even circumstantial evidence against him.

Once he was arrested and booked in cells, police then phoned Kepes' 
employer, B.C. Ambulance Service, to inform them. Kepes was suspended 
without pay as a result.

The officer who made the call testified he had only done it once before.

It is unclear who would cover Kepes' legal costs should the application be 
successful.
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MAP posted-by: Alex