JUDGE HANDS FREEDOM TO POT-HAULING TRUCKER

A Toronto area commercial trucker accused of smuggling 21 kilograms of
pot across the Ambassador Bridge appeared to not believe his ears when
a judge ruled Monday there was insufficient evidence for a conviction.

It took a few minutes before reality sunk in and Pius Idahosa, 36,
realized he wasn't going to jail.

When it finally hit him outside Superior Court Justice Mary Nolan's
courtroom that he was a free man, he struggled to a lobby chair before
bursting into tears and sobbing loudly with relief.

"Thank you, Jesus. She is an honest judge," he said of
Nolan.

The judge had serious questions about parts of Idahosa's story but
concluded the prosecution hadn't presented a solid enough case for
conviction.

"Because I'm left with a doubt, I must give him the benefit of that
doubt," said Nolan.

Canadian border agents discovered the large stash of baled pot, worth
an estimated $206,000, in a hockey bag in the cab of Idahosa's rig on
April 15, 2005.

Idahosa took the stand himself during his recent three-day trial and
testified there were many drivers who had access to a number of keys
to his truck, one of many similar-looking vehicles in his company's
fleet. He said it had been left unattended over a two-day period, and
the court heard the duffle bag with its well-wrapped contents had been
in the truck for 10 days before the bust.

Problems With Testimony

But the judge also noted problems with Idahosa's testimony.

Idahosa's last trip had been arranged by his company after he said he
needed a route through Illinois to visit his sick aunt in a Chicago
hospital.

After his request was accommodated, he said his aunt was no longer in
hospital. Idahosa was unable to tell the court where his aunt lives or
what hospital she was in.

The judge also wasn't satisfied with how Idahosa explained two $5,000
payments to his mother in Nigeria in the previous weeks to pay for a
home.

Idahosa said it was proceeds from the sale of his Mercedes, but Nolan
said the accused was "quite confused" when discussing his "unexplained
wealth" and how he originally afforded that vehicle.

"She weighed all the angles," Idahosa said outside the courtroom after
Monday's verdict. As defence lawyer Andrew Bradie exited the
courtroom, Idahosa abruptly interrupted a cellphone conversation with
his wife so that he could give him a big bear hug.

"Her honour gave a thoughtful and well-reasoned judgment. The Crown
respects the decision of the court," prosecutor Richard Pollock said
when asked whether an appeal would be considered.