Pubdate: Fri, 08 Jan 2016
Source: Ottawa Citizen (CN ON)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.ottawacitizen.com/
Details: http://www.mapinc.org/media/326
Author: Chris Cobb
Page: A4

FEDS TO DROP POT CHARGES AFTER 9-YEAR LEGAL BATTLE

'We Have to Look at Whether There's A Reasonable Prospect of Conviction'

The legal odyssey started nine years ago when a knock on the door 
woke James Turner from a nap. It is scheduled to end Friday when he 
walks from the Ottawa courthouse with a clean legal slate.

As 51-year-old Turner recalls it, the police officer who arrived at 
his door in 2006 was holding a Glock pistol, and deeper in the yard 
another officer was positioned behind an M-16 rifle.

"They said I had to clear the house because they had to make sure 
nobody was being held hostage and I didn't have a choice," said 
Turner. "I found out later that I did have a choice and could have 
told them, 'No, you can't come in.' They never had a warrant. It was 
a mistaken 911 call."

The officers found a quantity of marijuana, handcuffed Turner and 
locked him in a cell for 12 hours before releasing him on a "promise 
to appear" in court to face charges of possession and production of marijuana.

Medical marijuana user Turner says he recoiled at his lawyer's 
suggestion that he should do a deal with Crown lawyers who, he said, 
had offered a one-year jail sentence, plus a year's house arrest in 
exchange for a guilty plea.

"I said it's all lies and I'm going to fight them all the way," he 
told the Citizen. "And that's why it's been going on for nine years."

During that time, Turner has been fighting and losing constitutional 
challenges to Canada's marijuana laws. He had yet to appear and enter 
a plea on the actual criminal charges.

Now, he won't have to. Federal prosecutor Steve White confirmed 
Thursday that he would be withdrawing the charges.

"We have to look at whether there's a reasonable prospect of 
conviction and if it's in the public interest to proceed," White 
said. "Those are the two tests we applied in deciding whether or not 
to proceed."

Despite the constitutional challenges and prospect of legislation 
legalizing marijuana possession, it appears that the federal 
prosecutors have made their decision based purely on the merits of 
the charges themselves.

"After nine years, it's a relief to see the charges have been 
withdrawn," said Turner, "but I was ready to do battle. I don't know 
for sure why they withdrew. But I always said they made a mistake and 
shouldn't have come into my house."

When Friday's legal formalities are done, one question remains: What 
about the impounded substances?

According to Turner, police calculated the value at almost $3 
million, a wildly inflated figure, he said. But however much it's 
worth, he wants it back - or the cash equivalent.
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MAP posted-by: Jay Bergstrom