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Spokesperson Denied Agent Status
Pubdate: Wed, 14 Sep 2005
Source: Regina Leader-Post (CN SN)
8a308-68d2-44f3-9a56-661e3ebd5e53
Copyright: 2005 The Leader-Post Ltd.
Contact: http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
SPOKESPERSON DENIED AGENT STATUS
Two Pasqua First Nation men charged in connection with a large marijuana
grow operation found on the reserve in August were told Tuesday that their
spokesperson, who was seeking to represent them legally in court, would not
be given agent status.
Judge Bruce Henning ruled the men's spokesperson, Indian Moon Ravenstone,
would not be given status to be agent for the accused -- Joseph Agecoutay,
44, and Robert Agecoutay, 46 -- after allowing Ravenstone to make his case.
Ravenstone argued that it was "odd" not to allow a chief to speak on behalf
of his people and suggested it was the men's right as First Nations to grow
marijuana for medicinal purposes.
"Based on what you have told me ... I don't think you will be a help to
them," Henning said of Ravenstone's comments regarding the case and the law,
"... I won't let you speak on behalf of them."
Last week, the two men dismissed their defence counsel and requested
Ravenstone represent them. The bail hearing for the men was to proceed
Tuesday, but a delay in providing disclosure to the accused prompted Henning
to adjourn the hearing to Sept. 20.
At issue was whether the Crown should release the disclosure -- consisting
of more than 25 hours of witness and co-accused statements, a binder full of
documents seized during search warrants and police files -- to Ravenstone
via the accused without court permission. Normally, only the accused and
lawyers are to have access to disclosure for the purposes of preparing for
court.
Henning ruled the accused would not be allowed to share the disclosure with
Ravenstone or any other individual, except a lawyer if they were to change
their mind about seeking legal assistance. The federal Crown, Darrell Blais,
noted that should also include publishing the information on the Internet
via Web sites.
Henning told the accused, "It's not permitted that you can use this
information as you see fit ... it's not lawful to disseminate or release
that material."
Henning said he would adjourn the case to allow the accused time to review
the disclosure. He asked the Crown to have the disclosure made available to
them at the correctional centre and provide a secure space and the necessary
equipment for them to review it.
Meanwhile, two other co-accused -- Chester Girard, 57 and Jack Northwood, 53
- -- got one step closer to being released on bail Tuesday afternoon.
Judge Janet McMurchy ruled that Northwood would be released on a
recognizance and $5,000 cash bail once his lawyer provides a specific
address in Victoria, B.C., at which he will reside. Northwood is expected to
be released once this detail is established.
For Girard, McMurchy questioned how he could reside in Brantford, Ont., and
work for a company in Ottawa -- nearly a seven-hour commute. Clarification
regarding the living and working arrangements for the accused, if he were
released, was requested. Both men are to appear in provincial court today at
9 a.m. at which time a final decision on their bail will be made.
All four men, as well as co-accused Lawrence Agecoutay, 49 and Luke
Zigovitz, 25, are facing charges after police discovered almost 7,600
marijuana plants growing in large greenhouses on the Pasqua First Nation
during an Aug. 21 raid. The plants have a street value of about $7.5
million.
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