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Cannabis Crusader Appeals
Pubdate: Sat, 03 Jan 2004
Source: Calgary Herald (CN AB)
Copyright: 2004 Calgary Herald
Contact: http://www.canada.com/calgary/calgaryherald/
Details: http://www.mapinc.org/media/66
Author: Scott Crowson
Bookmark: http://www.mapinc.org/grant.htm (Krieger, Grant)
CANNABIS CRUSADER APPEALS
Grant Krieger Is Appealing His Controversial Pot Conviction From Last Month.
"I don't feel justice was done in that courtroom that day," said the
49-year-old Calgarian, who has attained a degree of notoriety for fighting
the country's drug laws and advocating marijuana for medicinal use. "I had
two jurors who did not want to convict me for what I did."
On charges that stem from a 1999 arrest, Krieger was convicted Dec. 3 of
possessing marijuana for the purpose of trafficking. He was sentenced to
one day in jail, which he had already served while in custody nearly five
years ago.
Krieger, who suffers from multiple sclerosis and uses cannabis butter to
ease the pain, doesn't deny he had 29 pot plants in his house back in 1999.
Rather, he's appealing the conviction because he thinks the law is wrong.
The conviction stirred public debate because Court of Queen's Bench Justice
Paul Chrumka instructed the jury to find Krieger guilty of the offence. The
instructions resulted in an unprecedented courtroom scene when two jurors
refused, saying they couldn't go against their conscience. One of them
broke down in tears. Chrumka refused their request to be dismissed, instead
ordering them to return to deliberations and come back with a guilty
verdict. They did, after spending 91/2 hours behind closed doors.
Defence lawyer Adriano Iovinelli filed the appeal Wednesday. Iovinelli said
he expected the matter to be heard in the Alberta Court of Appeal this
September. He outlined three grounds for the appeal.
"It's all on questions of law," he said Friday.
The first one is whether or not the judge erred in not permitting Iovinelli
to present a defence of necessity -- to argue his client had no choice but
to break the law. Krieger runs a "compassion club" and provides pot to
others who use it for medicinal reasons.
The second issue is the charge to the jury.
"He more or less directed a verdict to the jury," Iovinelli said, referring
to the judge.
The third issue is the questioning of the jury members who wanted to be
excused.
No Crown prosecutor was available for comment.
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