cannabisnews.com: Pot Found to be Sound Evidence! Pot Found to be Sound Evidence! Posted by FoM on June 23, 1999 at 17:14:49 PT 13 pounds seized in WV search of car trunk Source: North Shore News NORTH Vancouver provincial court Judge Jerome Paradis concluded that a man's Charter of Rights had been violated last Nov. 25 when a West Vancouver Police officer searched a car trunk. But after a long preamble and references to numerous previous court cases, the judge concluded that six kilograms (13 lbs.) of marijuana found in the trunk was admissible as evidence. Paradis said during court proceedings on Monday that if the marijuana was not admissible as trial evidence, the administration of justice would come into disrepute. "The charge is a serious one," said Paradis. He found that the search of the trunk was "not particularly intrusive." Lions Bay resident Marcus Richardson, 26, was charged with possessing more than three kilograms of marijuana for trafficking purposes and possessing a small amount of hashish. The hashish was in a tin box in one of Richardson's pockets. Richardson pleaded not guilty to the charges. The charges were laid after West Vancouver Police Const. John Lo pulled over Richardson's car in a CounterAttack roadblock near the Lions Gate Bridge at 1:30 a.m. Lo testified he smelled a strong odour of marijuana coming from the car. The odour was too strong to have simply originated from a car ashtray full of marijuana cigarette tips, testified Lo. Conflicting testimony during the trial last month made it unclear whether Richardson had allowed the police officer to open the Volkswagen Jetta's unlocked trunk. Richardson did not want the police officer to look into a backpack in the trunk containing the marijuana. Richardson was handcuffed and placed in a police car after he stood between the police officer and the trunk. Richardson was detained for obstructing police, according to Lo's testimony. Eleven large bags containing marijuana were found in the trunk. There was also $6,000 cash in $20 denominations. The question regarding the admissibility of the marijuana evidence was considered in a voire dire, a trial within a trial. After Paradis admitted the marijuana evidence, Crown lawyer Jay Straith closed the Crown's prosecuting case. Richardson's lawyer John Conroy called no evidence for the defence, paving the way for his client to be found guilty. The judge promptly found Richardson guilty. Richardson is to be sentenced in August. Said Richardson about the judge's voire dire decision, "It sounded like pig latin to me... I don't feel like a criminal if that is what you are asking." Richardson said he had support from good people connected with the Compassion Club. In a previous News story, Compassion Club founder Hilary Black stated that the marijuana in Richardson's car was destined for the Compassion Club. The Compassion Club in East Vancouver sells marijuana to people with terminal illnesses and serious diseases. The non-profit society has been operating for two years and has about 700 "members," said Black, a former West Vancouver resident. Richardson's lawyer declined to comment on whether an appeal is planned. Paradis did say that the car search was unreasonable and infringed upon Richardson's charter right that states that everyone is secure against unreasonable search and seizure. The judge also noted there was no urgency to search the trunk as the evidence or vehicle was not in any jeopardy if the police constable had gone to get a search warrant. Paradis said that Richardson's Section 10 (b) right was also infringed. That right refers to a person getting a lawyer without delay and being informed of that right. But the judge drew upon Section 24 of the Charter which addresses the issue of bringing the administration of justice into disrepute. By Anna Marie D'Angelo News Reporterdangelo nsnews.com Home Comment Email Register Recent Comments Help Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: