Pubdate: Wed, 07 Jun 2006 Source: Nelson Daily News (CN BC) Copyright: 2006 Nelson Daily News Contact: http://www.nelsondailynews.com/ Details: http://www.mapinc.org/media/288 Author: Darren Davidson LOCAL JUDGE APPROVES FEDS' PLACE IN POT KING EXTRADITION WINLAW VS OTTAWA: Paddy Roberts Promises Appeal Of His Case Aimed At Keeping Justice Department Out Of His Private Charge Against Pot Seed Seller Mark Emery A Winlaw man is vowing to continue his fight against Ottawa in a bid that could make or break the Bush administration's plans to extradite B.C. pot seed king Marc Emery to face charges in the U.S. Paddy Roberts says he and Nelson lawyer Don Skogstad will be appealing a B.C. Supreme Court judge's decision to dismiss a motion that would have barred the federal attorney general from taking control of a conspiracy case Roberts has launched against Emery and two co-accused. The trio are facing extradition to the States on charges of conspiracy to launder money and distribute marijuana and marijuana seeds. Conviction on the charges would carry a sentence of at least 12 years. Roberts called Justice Robert Crawford's ruling nonsense. The decision was made two weeks ago in Nelson. "The United States government got the decision they wanted," Roberts told the NDN. "There was nothing in statutory law that supported Justice Crawford's position. The Criminal Code of Canada does not allow the Attorney General of Canada to intervene in these proceedings." Roberts and Skogstad are trying to keep the feds out of the case because of their expectation that Ottawa will try and stay the pair's proceedings against Emery, clearing the way for his extradition. International law states that a person can't be tried in one country if he or she is facing identical charges in another. The charges Roberts has brought before Emery and co-accused Michelle Rainey and Greg Williams are essentially the same as those the U.S. have pressed. The chairman of the nationalist Bloc British Columbia party and a well-known watchdog of the RCMP and judicial system, Roberts admits that the ruling would have been appealed by either he or federal prosecutors, depending the Crawford's decision. His appeal will be filed with the B.C. Court of Appeal. In all likelihood, the final ruling on Roberts' fight to keep Ottawa out of the Emery case will be settled in the Supreme Court of Canada, a process that will take at least a couple of years, Roberts estimates. "And nobody's going anywhere until this is settled." According to the Globe and Mail, the federal Department of Justice tried to dismiss the charge earlier this year, but Roberts filed a legal motion that argued a Criminal Code offence, such as conspiracy to violate the laws of another country, may only be prosecuted by provincial Crowns. The province has said it has no stand on the case. In an oral ruling released on the eve of the long weekend the Globe noted, Crawford sided with the arguments put forward by the federal government. The judge found that since the alleged conspiracy is drug-related, the prosecution is within the jurisdiction of the federal Justice Department. "It seems quite clear that it gives the United States government, through the agency of the federal Minister of Justice, approval to interfere in the administration of justice in B.C.," Roberts told the Globe. "Normally our courts are not supposed to render judgements based on political considerations," Roberts added. It wouldn't have taken the judge more than half an hour to write a decision granting the prohibition, and that decision would have been unappealable. But that didn't happen." The federal Justice Department in Vancouver has refused comment on the case. - -with files from the Globe and Mail. - --- MAP posted-by: Steve Heath