JUDGE'S DEATH PUTS CASES IN JEOPARDY

Crown and defence lawyers are working to keep on track two
long-running and ongoing Victoria cases temporarily delayed by the
sudden death of a Supreme Court judge.

Conferences have been scheduled for January to make sure of
continuations of the murder trial of Ruby Ann Ruffolo and the
constitutional challenge to the marijuana charges levelled at two men
arrested in a raid on a house used by the Vancouver Island Compassion
Society as a grow operation.

Both cases were the responsibility of Justice Robert Edwards, who
died suddenly on Nov. 5, at the age of 61. Those cases have been
handed to Justice M. Marvyn Koenigsberg.

Ruffolo's case has been delayed since her arrest in March 2004 in
connection with the 2003 death of her husband John. She has
repeatedly showed up in court to say she has had trouble retaining a
lawyer and been granted delays.

But recently retained Victoria lawyer Jim Heller said yesterday
pre-trial meetings have been scheduled for early in the new year to
see when it's possible to begin the trial.

Philippe Lucas, of the Vancouver Island Compassion Society, said one
new development in the marijuana case since the death of Justice
Edwards is the Crown's move to dismiss the charges against Michael Swallow.

Charges of producing and processing marijuana remain against Mat
Beren. At least one conference has already occurred to discuss how
much can be salvaged from the testimony heard before Edwards died.

The case had already begun and several weeks of testimony has
occurred to support the Compassion Society's constitutional challenge
to the Canadian marijuana laws.

Lucas said the Vancouver Island Compassion Society has already spent
more than $150,000 on lawyers and other expenses, such as flying in
witnesses to testify.