DELAYS WIN DRUG CHARGE DISMISSAL

Dad, Son Waited 3 Years for Drug Trafficking Trial

A judge has tossed out charges against a father and son relating to
more than $700,000 in marijuana and cash found at their Leamington
home because it took three years to get the case to trial.

Danny Balkwill, 56 and Jesse Balkwill, 22, walked out of a Windsor
court Thursday saying they are happy and relieved.

Superior Court Justice Anthony Cusinato said staying the charges is
the only way he could remedy the violation of the men's charter right
to be tried within a reasonable time.

"Because of the seriousness of the charges stayed, I am hopeful this
disposition shall be the subject of further review by an appellate
tribunal," he said.

Cusinato found the problem was repeated adjournments of the
preliminary hearing in Ontario Court.

At that time, new dates were agreed to outside of the courtroom by
lawyers without the Balkwills present.

There were several delays before the preliminary hearing started in
March 2001. It was completed in November last year and the Balkwills
were committed to go on trial March 31.

"This was an unusual case because the preliminary hearing was only to
last a day and it lasted almost four days," said federal prosecutor
Richard Pollock. "So after each day the hearing wasn't completed a new
date had to be set and each date was set six to eight months later."

There was no evidence in any court records that the Balkwills
consented to the delays, which might have allowed the case to drag on
without jeopardizing their constitutional rights, Cusinato noted.

The procedure in Ontario Court has since been modified to ensure dates
for preliminary hearings and trials in jeopardy of being delayed are
set in court, said Frank Miller, lawyer for Danny Balkwill.

It is the third major case tossed out in the past four months because
of delays in Windsor courts. Lawyers involved, however, say the delays
in the Balkwill case were unique.

"This case was like the Energizer bunny. It just wouldn't stop," said
Kirk Munroe, lawyer for Jesse Balkwill.

The Balkwills were charged with having marijuana and hashish for the
purpose of trafficking and possessing cash proceeds of crime after a
lengthy investigation by the OPP. Officers armed with a search warrant
raided their home on Mersea Road C in Leamington on Jan. 20, 2000 and
both men were arrested.

Police found 18 kg of marijuana and 200 grams of hashish -- estimated
to have a street value of $500,000. They also seized $238,887 in
Canadian and U.S. cash which they found in bundles throughout the house.

Jesse Balkwill, who has no criminal record, spent four days in jail
before being released on bail conditions that he had to abide by for
three years, Munroe said. The elder Balkwill, who has a lengthy
criminal record, was released on similar conditions after 20 days in
jail.

Even though the charges have been dropped, the Balkwills won't
necessarily get the money and illegal drugs seized from their house
back.

Pollock has applied to have the money forfeited to the Crown as
proceeds of crime. The Balkwills's lawyers want at least some of the
money to go toward their fees. Those issues will be decided by another
judge as early as today.

Other cases tossed

The Crown is appealing the decisions of Windsor judges to dismiss two
cases in November because of court delays of 30 months or more:

* Superior Court Justice John Brockenshire threw out robbery
conspiracy and firearms charges against Zuhair Gorges, Rabih Saleh and
Goran Dresic on Nov. 15.

* Superior Court Justice Terry Patterson stayed sexual assault and
forcible confinement charges against Russell Steinhoff, Antonios
Michos and Brian McCallum on Nov. 26.