SENTENCING OF POT SELLER DELAYED

Carol Gwilt, owner of the infamous and now-defunct Da Kine Cafe,
arrived in B.C. Supreme Court Tuesday expecting to go to prison for at
least 15 months.

But in a surprise move, the prosecution asked for a week's
adjournment, even though an agreement had been struck with the defence
on sentencing the Fraser Valley woman convicted of trafficking in
marijuana and possessing the proceeds of crime.

Crown counsel Paul Riley told the court his unusual request was
necessary because of submissions Gwilt seeks to make.

Her lawyer, Jason Gratl, wants Justice Catherine Wedge -- who is not
bound by the sentencing deal -- to consider the climate in which the
coffee shop openly dispensed pot on Commercial Drive for five months
during the spring and summer of 2004.

He wants to tell the court that during that time the Vancouver police
department, the health authority and city hall turned a blind eye that
allowed Da Kine to flourish.

He called it "a culture of acquiescence."

Riley told Wedge he needs time to determine if that's
true.

"I'm not prepared to accept these [statements] as accurate," he said.
"And I will reiterate that I don't view them as relevant at all and I
may object to them [being presented to the judge] on those grounds."

Gwilt pleaded guilty earlier this summer to possession of marijuana
for trafficking and possession of the proceeds of crime in connection
with the cafe that gained international attention.

During the summer of 2004, Commercial Drive was a veritable Amsterdam
on the Pacific, with several stores selling cannabis products, and
space for recreational users to light up a joint.

Thousands descended on Da Kine to flout the marijuana
law.

The tastefully decorated cafe offered a variety of cannabis products,
soft drinks and snacks from May until September.

The VPD, in a massive display of force, shut down the Drive at rush
hour and raided the cafe on Sept. 9.

Scores of officers were involved in the dinner-hour operation, led by
the balaclava-clad police tactical team that stormed into the cafe.

Investigators seized nine kilograms of marijuana, some hashish, and
300 cannabis-laced cookies, as well as about $60,000 in U.S. and
Canadian currency.

The cafe opened for several days afterwards but soon closed
permanently.

A week after the raid, on Sept. 16, police arrested Gwilt in a car
along with a sizable bag of marijuana and some $5,000.

In May, a B.C. Supreme Court jury convicted her of trafficking and
possession of the proceeds of crime in connection with that separate
incident. After that verdict she decided to plead guilty to the other
charges tied to Da Kine.

Gratl says Gwilt was a medical marijuana activist trying to fill a
legitimate need by opening the cafe.

Da Kine became a lightning rod for drug debate in the city when the
media revealed it was selling marijuana to anyone who signed a form
saying they required pot for "medicinal purposes."

No doctor's letter or Health Canada exemption was required and a
broken heart was as legitimate an ailment as AIDS.

Gwilt had hoped to use the Da Kine trial as a platform for attacking
the country's marijuana laws but the jury verdict raised serious
questions about pursuing that legal strategy.

"I came to court today prepared to go to jail," the 40-year-old Gwilt
said outside the courtroom after the brief hearing.

"I was prepared for what was to happen. This was completely
unexpected."

Justice Wedge adjourned the case until Sept. 15.

Da Kine Cafe's history of possession and trafficking

May 4, 2004: Da Kine opens. At its height in late summer police
alleged owner Carol Gwilt was doing $30,000 a day in business and some
14,000 people went through its doors during a two-week period.

Sept. 9: Vancouver police raid Da Kine, seizing nine kilograms of
marijuana, some hashish, 300 cannabis-laced cookies, as well as about
$60,000 in U.S. and Canadian currency. Gwilt and others charged with
possession for the purposes of trafficking and proceeds of crime.

Sept. 16: Gwilt arrested in her car with bag of marijuana and $5,000.
She is charged again.

May 23, 2006: B.C. Supreme Court jury finds Gwilt guilty for having
the pot and money in her car.

July 6: Gwilt pleads guilty to possession of marijuana for the purpose
of trafficking and possession of the proceeds of crime in connection
with Da Kine.