Pubdate: Wednesday, February 24, 1999
Source: Calgary Sun (Canada)
Copyright: 1999, Canoe Limited Partnership.
Contact:  http://www.canoe.ca/CalgarySun/
Forum: http://www.canoe.ca/Chat/home.html
Author: Kevin Martin

TRAP CASE TRIPS

Drug Dealer Acquitted

Calgary drug-grower Matthew Walsh removed his basement stairs to ward
off thieves -- not trap the police -- a judge ruled yesterday.

Justice Peter McIntyre said he didn't believe Walsh intended
investigators to tumble into his basement knowing they would soon raid
his northeast home.

McIntyre acquitted Walsh, 39, of the rarely prosecuted charge of
setting a human trap likely to cause bodily harm or death.

"I believe that what happened was that he did not want anybody to have
easy access to the basement," McIntyre said.

"A casual burglar, or even a (drug) rip-off artist would have had to
work extremely hard," he said.

Crown prosecutor Shirley Jackson had argued Walsh removed the first
flight of stairs leading to his basement because he knew police were
on their way May 8, Jackson said Walsh would have been war-ned of the
im-pending raid be-cause of earlier searches that day of homes
occupied by his former roommate and brother.

But McIntyre agreed with defence lawyer Adriano Iovinelli that the
removal of the steps didn't create an effective trap.

Iovinelli noted access to the basement was through a door which opened
away from the stairs, giving a person plenty of time to notice the
steps were missing.

McIntyre acquitted Walsh, even though he didn't believe the accused's
claim he wasn't growing pot in his basement.

Walsh testified he was harvesting experimental tomatoes and had
removed the stairs to prevent anyone who broke into his basement from
getting upstairs.

Walsh had earlier been cleared of a charge of cultivating a narcotic
when the Crown took a plea to simple possession. 
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