OWNER OF POT CAFE DENIED BAIL, COULD BE HELD FOR MONTHS

Carole Gwilt breached bail conditions after original arrest

Canadian Press

VANCOUVER - A provincial court judge refused to grant bail Wednesday
to Carole Gwilt, whose Da Kine cafe on Commercial Drive was openly
selling marijuana over the counter for months.

"That's crazy," said David Malmo-Lavine, a friend and fellow marijuana
activist. "There are harmful people out there. She's put in there and
they're let out to make room for her."

Michael Boudreau, Gwilt's co-accused, said thousands will be dismayed
by the court's decision.

"All of our hearts break today."

Judge William Kitchen ordered Gwilt held until court proceedings are
concluded. It could be many months before her case goes to trial.

Details of Kitchen's ruling can't be released because of a sweeping
publication ban, standard at bail hearings.

That decision also aggravates Malmo-Levine. "I don't understand why
the judge has to be so secretive about what he said. It might be a
little bit embarrassing, but it's not Osama bin Laden up there."

He said the gag order is ridiculous: "The politicians have failed us.
The courts have failed us. The media is failing us ... by not
extending our legal argument."

Malmo-Levine is probably best known for losing his constitutional
fight over Canada's pot-possession laws at the Supreme Court of Canada.

Gwilt's original charges of trafficking and possession of the proceeds
of crime came after police raided the Da Kine cafe on Commercial Drive
Sept. 9. She and seven others were charged after police seized $63,000
Cdn, $1,700 US, nine kilograms of pot, some hashish and 300 cookies
baked with hash or marijuana.

Gwilt was released on bail with a promise she would meet certain
conditions, including staying away from pot.

A week later, police stopped Gwilt's vehicle and re-arrested her on
allegations of marijuana possession and breaching her bail conditions.

She and her lawyer, Jason Gratl, will be back in provincial court
Sept. 29 to address pre-trial issues.