GROW-OP ACCUSED SAYS HE'S INNOCENT

A Toronto man awaiting sentencing in connection with the biggest
marijuana growhouse bust in Windsor history insists he is innocent
and may appeal his conviction.

[Name redacted], 54, prepared a statement read by defence lawyer John
Liddle during a sentencing hearing in Superior Court Thursday in
which he contended the Crown did not prove his connection to a
$5.5-million, family-run, drug ring.

The ring, operating out of 11 local residences, was broken up in the
summer of 2004 with the arrest of seven relatives.

"Dear your Queen majesty. First, I would like to say I'm not guilty,"
the statement said. "No one can find fingerprints of me at the house
or pictures of me leaving the house.... I have been remanded on false
evidence. The Crown did not prove beyond reasonable doubt."

Liddle said in an interview his client had not yet instructed him to
appeal but acknowledged [Name redacted] was considering it. He added
there are a few "interesting" issues that may provide grounds for appeal.

Liddle noted a charter challenge of the original warrant, which
targeted another suspect during the investigation but instead led to
his client's arrest, was thrown out during the trial by Justice Mary
Nolan. He suggested the issue could be resurrected.

Liddle said police were looking for [Name redacted]'s son and
co-accused [Name redacted], 29, "but ended up arresting his father
who is more than 20 years older. The justice who issued the warrant
did so on incomplete and inaccurate information."

In finding the grandfather guilty, Nolan said she accepted the
evidence of investigating officers that placed the senior [Name
redacted] at a grow house on Curry Avenue, where they found 150
marijuana plants with an estimated street value of $353,000. Police
seized the keys to the property and utility bills pertaining to the
address from [Name redacted].

He was found guilty in December of operating a grow house, possession
for the purposes of trafficking and theft of electricity valued at
more than $5,000.

Federal prosecutor Richard Pollock said [Name redacted] had a
previous conviction on similar charges in Toronto, which he termed "a
significant aggravating factor," and urged Nolan to consider a
sentence of 21/2 years.

Pollock said the grow operation was a "family business" in which all
were expected to share in the profits and other relatives convicted
had already received significant jail terms.

"In for a penny, in for a pound" he said, suggesting [Name redacted]
should share in the punishment as he would have the profits.

Nolan is expected to sentence [Name redacted] this morning.