Pubdate: Thu, 04 Oct 2007
Source: Toronto Star (CN ON)
Copyright: 2007 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Peter Small, Courts Bureau

LAWYER CLEARED OF SNEAKING POT INTO DON JAIL

A prominent Toronto lawyer has been cleared of charges that he
smuggled marijuana to an inmate in the Don Jail.

Miles O'Reilly, 72, made reasonable inquiries to determine whether
packages he handed to an inmate on Feb. 7, 2006, contained only
tobacco, as he had been told, provincial court Justice Peter Wright
ruled yesterday.

"I believe Mr. O'Reilly," Wright said in Superior Court in Newmarket.
"I believe he did not know the packages he brought to the Don Jail
contained contraband."

The gray-haired and bearded lawyer showed no reaction as he was
cleared of possession and trafficking marijuana, possession of
cannabis for the purpose of trafficking and carrying a concealed weapon.

The judge noted O'Reilly has a reputation for honesty.

He is one of several lawyers charged with smuggling drugs into the
jail in recent years.

O'Reilly, who specializes in bankruptcy law, declined to comment.

But his lawyer, Samuel Goldstein, said sloppy Don Jail guards and
slipshod police work led to his client being wrongly charged.

"The guards don't check people properly, so to cover up their
incompetence, they blame other people," Goldstein told The Star.

Some lawyers say they are reluctant to meet clients in the jail for
fear of being wrongly accused of smuggling in drugs.

Stuart McGetrick, a spokesperson for the Ministry of Community Safety
and Correctional Services, denied there are particular concerns about
the Don Jail.

He said the ministry's top priority is the safety of inmates and
staff.

Federal prosecutor Brian Puddington said he couldn't comment on
Goldstein's criticisms.

"That wasn't raised in the trial and that wasn't raised in his
honour's decision." 
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