Pubdate: Thu, 26 May 2005
Source: Ottawa Sun (CN ON)
Copyright: 2005 Canoe Limited Partnership
Contact:  http://www.ottawasun.com/
Details: http://www.mapinc.org/media/329
Author: Sean McKibbon
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

DOPE DEFENCE: GROW OP? WHAT GROW OP?

Was It A Grow Op Or Love Nest?

A woman accused of growing pot in the basement of her rented South Ottawa 
home claimed yesterday to have been oblivious to the subterranean 
operation, saying it was the place she would visit her boyfriend.

The grow op was discovered by firefighters last Jan. 10. They were called 
to the residence by neighbours who were alarmed at smoke billowing out of 
the roof. It turned out to be steam from the basement greenhouse.

Strong Odour

Police seized 435 marijuana plants and one officer testified yesterday 
there was a strong odour of the plants in the home. But Son Thi Le said she 
never visited the basement of 2281 Courtice Ave.

Le testified through a Vietnamese translator that she fled an abusive 
husband in Mississauga and was having an affair with an Ottawa man named 
Hoan Van Nguyen.

Nguyen's name appears with Le's on a lease she signed Oct. 31, 2003.

She told the court that while she collected keys to the house in November 
2003, she didn't move in until December. She also said she would only spend 
a few days a week there as she travelled back and forth to visit her kids 
in Mississauga.

She said she never saw Nguyen go to the basement.

Charge Tossed

Le is fighting charges of production and possession of marijuana for the 
purpose of trafficking. Yesterday her lawyer Michael Crystal successfully 
argued to have a third charge of possession of the proceeds of crime 
tossed. Police had seized $305 they found in her purse.

Justice Gerald Morin ruled there was no evidence to show the money was 
earned by criminal activity.

However, Le's income source became a focal point later in the day for Crown 
lawyer Pradeep Chan's cross-examination.

Grilling her on her testimony she worked as a seamstress and babysitter, 
Chan elicited from Le that she might not have filed a tax return for 2004 
and had no source of income in that time.
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