LEGAL WRANGLING BOGS DOWN POT TRIAL

After a full day of failed plea bargaining Tuesday, lawyers for three
men charged with running a $1-million pot growing operation launched
a constitutional challenge in Superior Court.

The legal maneuvering was just the latest roadblock in the trial of
Jing Li, 28, and Fan Jiang, 25, of Windsor and Wwei Kee Chen, 34, of
Markham.

No sooner had the case started Tuesday when it bogged down once each
of the accused entered not guilty pleas to 16 different counts,
ranging from possession and production of marijuana for the purposes
of trafficking to mischief charges.

As soon as the pleas were entered, defence lawyers opened with the
challenge, alleging police had no grounds to obtain warrants at three
of the four locations where officers seized marijuana plants in
various stages of cultivation as well as hydroponic equipment,
including lighting and exhaust systems. Arguments on the defence
counsel's charter applications will be heard today.

At the beginning of the court appearance it was revealed a fourth
accused, Shiguang Zheng, 26, of Windsor, would not attend.

Lawyer Kirk Munroe told the court his client had not returned from
China, where he had previously been granted court leave to seek
treatment for severe diabetes because the foreign student had no
health coverage in Canada. He was expected to return in time for his
appearance but informed Munroe he was having immigration problems.

Superior Court Justice Anthony Cusinato gave Munroe one week to find
and communicate with his client before a warrant for his arrest would
be issued, although the judge acknowledged he was not optimistic the
accused would ever turn up. He then ordered the trial of the
remaining three to proceed.

The Crown alleges the accused were involved in grow house operations
at four residences across Windsor in the autumn of 2003; in the 2400
block of Meldrum Road, the 1200 block of Hickory Road, the 600 block
of Brazil Avenue and the 1800 block of Balfour.

Investigators seized more than 330 marijuana plants, drug
paraphernalia and 11 kilograms of marijuana leaves, for an estimated
street value of $1.1 million. The mischief charges stem from damage
done to the four houses, all of which were rented.