Pubdate: Wed, 07 Nov 2012
Source: Guelph Mercury (CN ON)
Copyright: 2012 Guelph Mercury Newspapers Limited
Contact:  http://news.guelphmercury.com/
Details: http://www.mapinc.org/media/1418
Author: Vik Kirsch

TRAFFICKING CHARGES DROPPED AGAINST LOCAL MEDICAL MARIJUANA CLUB STAFF

GUELPH - All drug charges were dismissed Tuesday against the founder
and two employees of a medical marijuana club in Guelph that was the
scene of a 2010 raid in which police seized more than $150,000 worth
of marijuana.

The club itself was fined $10,000. In a joint submission to Superior
Court between Medical Cannabis Centre of Guelph defence lawyer Leora
Shemesh and federal prosecutor David Doney, the corporation pleaded
guilty, through director Rade Kovacevic, to a single count of
possession of more than three kilograms of pot for the purpose of
trafficking.

Defence lawyers Marcy Segal and Margaret Osadet bristled at lengthy
legal proceedings to date, saying the case was flimsy in part because
of the involvement of disgraced Guelph police Const. Chris Panylo, 32,
whose affidavit was the basis of the original search warrant. Panylo,
known to have struggled with substance abuse issues, faces a Police
Services Act hearing after recently pleading guilty to the theft of
methadone seized in a separate criminal investigation.

"His difficulties were a relevant consideration," Doney said in a
brief interview.

He added the prosecution also concluded the outcome fit the
circumstances of the case. "It was felt this was the appropriate thing
to do."

"It brings finality to the proceedings," Justice Bruce Durno
said.

Shemesh told Superior Court the cannabis centre, established in 2006,
intends to apply for a licence to operate under continuing reforms to
the Medical Marijuana Act. She said people with chronic medical
conditions rely on marijuana to ease their suffering.

"This centre and club offered their assistance," Shemesh
said.

Guelph Police Service officers raided the centre's premises on Baker
Street and several other addresses in May, 2010 during a police
investigation into alleged illicit drug use.

Kovacevic, the club's founder, faced five counts of trafficking, two
counts of possession for the purpose of trafficking and a single count
of production of a substance.

Employee Scott Gilbert faced similar charges, though only a single
count of possession for the purpose of trafficking. Fellow employee
Eitan Gallant faced three trafficking charges and one of possession
for the purpose of trafficking.

All were dropped and the court ordered Tuesday that all personal
belongings taken in the raids be returned to them.

The corporation was given 60 days to pay the fine.

Kovacevic indicated in a prepared statement the plea bargaining that
led to the joint submission "achieves a mutually agreeable resolution
allowing both parties to move forward" and "resolved criminal
liabilities."

The statement added the charges originated "before Health Canada had
accepted that the current Marihuana Medical Access Regulations (MMAR)
were unconstitutional, unsatisfactory to almost all stakeholders and
requiring reform." It added those reforms now put the regulations in
line with the Medical Cannabis Centre of Guelph's operations prior to
May, 2010.

Segal, representing Gilbert, said the Crown was forced to reassess the
strength of the case because of Panylo's involvement.

Gilbert said it raises fundamental questions about how well the Guelph
Police Service is monitoring illicit drug use among its officers.

Gallant, represented by Osadet, said he's just glad to put the whole
ordeal behind him.

"I'm happy to see the culmination of a long process," Gallant
said.

Segal said the bottom line is the centre truly was a compassion
club.

"Marijuana should be accessible to those who need it," Segal said.
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MAP posted-by: Matt