Pubdate: Tue, 16 Jan 2007
Source: Parksville Qualicum Beach News (CN BC)
Copyright: 2007 Parksville Qualicum Beach News
Contact:  http://www.pqbnews.com/
Details: http://www.mapinc.org/media/1361
Author: Neil Horner, News Reporter
Bookmark: http://www.mapinc.org/mmjcn.htm (Marijuana - Medicinal - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

JURORS HAVE OPTIONS IN A COMPASSION CLUB TRIAL

If Central Island Compassion Club founder Mark Russell ends up going
to court to face charges of trafficking in marijuana, Chuck Beyer says
he should opt for a jury trial.

That's because, says Beyer, one of the founders of the B.C. Marijuana
Party, a jury can opt not to convict, regardless of what happens in
court.

The Port Alberni realtor describes himself as a jury activist and
longtime supporter of the medical marijuana movement. He learned about
a concept he calls jury nullification, and he's made it his mission to
spread the word about the concept, particularly in cases of compassion
club busts.

"The concept of jury nullification goes back hundreds of years in our
law," he says. "Jurors are able to judge the law, as opposed to
blindly doing what the judge says."

Wikipedia says jury nullification occurs where a jury, apparently
ignoring the letter of the law and the instructions by the court, and
taking into account all of the evidence presented, renders a verdict
in contradiction to the law.

This concept, Beyer says, was strengthened in a court case in 2006,
when the organizer of a compassion club in Alberta was charged with
trafficking in marijuana.

"Two of the jurors asked the judge if they had to convict, and the
judge said they did," he says. "An appeal to the Supreme Court ended
up with a landmark decision, ruling judges are not allowed to tell
jurors how to rule. That strengthened the concept of jury
nullification ... and not just about any law, but specifically about
issues with compassion clubs."

Beyer estimates some 60 per cent of B.C. residents are in favour of
marijuana legalization, and that number jumps to 90 per cent in the
case of medical marijuana. Because of this, he says, the raid on Mark
Russell's compassion club office in his Dashwood home was an attack on
community standards.

"Our drug laws are more than ever written in the United States," he
says.

Beyer says he helped start the B.C. Marijuana Party after running for
the NDP provincially nearly a decade ago.

"We had a rift with the NDP and so me and some friends started the
Marijuana Party," he says. "Now we're all going back to the NDP
because they stole the issue."

Beyer has posted his information about jury nullification on his
website, www.juror.ca. 
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MAP posted-by: Richard Lake