Pubdate: Wed, 10 May 2006
Source: Windsor Star (CN ON)
id=0c10ef40-2108-4c64-9952-45ca74d8147e
Copyright: 2006 The Windsor Star
Contact:  http://www.canada.com/windsor/windsorstar/
Details: http://www.mapinc.org/media/501
Author: Don Lajoie, Windsor Star
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

LEGAL WRANGLING BOGS DOWN POT TRIAL

After a full day of failed plea bargaining Tuesday, lawyers for three  
men charged with running a $1-million pot growing operation launched  
a constitutional challenge in Superior Court.

The legal maneuvering was just the latest roadblock in the trial of  
Jing Li, 28, and Fan Jiang, 25, of Windsor and Wwei Kee Chen, 34, of  
Markham.

No sooner had the case started Tuesday when it bogged down once each  
of the accused entered not guilty pleas to 16 different counts,  
ranging from possession and production of marijuana for the purposes  
of trafficking to mischief charges.

As soon as the pleas were entered, defence lawyers opened with the  
challenge, alleging police had no grounds to obtain warrants at three  
of the four locations where officers seized marijuana plants in  
various stages of cultivation as well as hydroponic equipment,  
including lighting and exhaust systems. Arguments on the defence  
counsel's charter applications will be heard today.

At the beginning of the court appearance it was revealed a fourth  
accused, Shiguang Zheng, 26, of Windsor, would not attend.

Lawyer Kirk Munroe told the court his client had not returned from  
China, where he had previously been granted court leave to seek  
treatment for severe diabetes because the foreign student had no  
health coverage in Canada. He was expected to return in time for his  
appearance but informed Munroe he was having immigration problems.

Superior Court Justice Anthony Cusinato gave Munroe one week to find  
and communicate with his client before a warrant for his arrest would  
be issued, although the judge acknowledged he was not optimistic the  
accused would ever turn up. He then ordered the trial of the  
remaining three to proceed.

The Crown alleges the accused were involved in grow house operations  
at four residences across Windsor in the autumn of 2003; in the 2400  
block of Meldrum Road, the 1200 block of Hickory Road, the 600 block  
of Brazil Avenue and the 1800 block of Balfour.

Investigators seized more than 330 marijuana plants, drug  
paraphernalia and 11 kilograms of marijuana leaves, for an estimated  
street value of $1.1 million. The mischief charges stem from damage  
done to the four houses, all of which were rented.
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