Pubdate: Thu, 23 Sep 2004
Source: Province, The (CN BC)
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Copyright: 2004 The Province
Contact:  http://www.canada.com/vancouver/theprovince/
Details: http://www.mapinc.org/media/476
Author: Wendy McLellan, The Province
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

DA KINE OWNER TO REMAIN IN CUSTODY

Carol Gwilt, owner of a Vancouver cafe that openly sold pot across the 
counter, will remain in jail until the courts have dealt with the charges 
against her, a provincial court judge ruled yesterday.

Gwilt, 38, who owns the Da Kine Smoke and Beverage Shop on Commercial 
Drive, was arrested last week for breaching bail conditions set by Judge 
William Kitchen earlier this month. Gwilt was in court yesterday to find 
out whether she would be granted bail again while awaiting her Oct. 6 court 
date.

Gwilt is charged with possession of marijuana for trafficking purposes as 
well as possession of the proceeds of crime following a police raid on her 
shop Sept. 9. Police seized 20 pounds of pot, a pound of hashish and 
$63,000 in cash during the raid.

After spending the night in jail, Gwilt was freed on bail with a condition 
to stay away from marijuana until her court date.

But on Sept. 16, Vancouver police arrested Gwilt and charged her with 
possessing one pound of pot and $5,000 cash. Michael Boudreau, who was in 
the car with Gwilt, was also arrested.

The judge's reasons for not granting bail cannot be reported due to a 
publication ban. Her lawyer, Jason Gratl, declined to comment on the decision.

Outside the courthouse, Boudreau said he was disappointed with the judge's 
decision to keep Gwilt in jail for what could be months.

"There are 11,000 people on the Drive and in Greater Vancouver that will be 
completely dismayed by this decision," he said. "Our hearts break today."

David Malmo-Levine, a longtime activist for the legalization of pot and an 
"admirer" of Gwilt, was in court yesterday to hear the judge's ruling.

"Aren't there people that deserve a jail cell more than Carol? I think 
there are," said Malmo-Levine, who claims he is a former drug dealer.

"It's a stupid law and you want to keep breaking it until it goes away."

Gwilt is to appear in court Sept. 29 to face the new possession charges.
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