DRUG DEALER TURNED CBC PRODUCER FACES NEW TRIAL

Appeal court rejects deal reached by crown, defence

A legendary ex-convict turned CBC producer will stand trial on drug charges
after Ontario's highest court vetoed a proposal between crown and defence
lawyers that would have ended his prosecution.

Yesterday's decision by the Ontario Court of Appeal will mean the fourth
trial for Robert (Rosie) Rowbotham, who police once dubbed Mr. Big.

Rowbotham, 48, who became an associate producer on CBC radio's This Morning
after he was paroled in 1997, has spent more than 20 years in prison for
his multi-million dollar marijuana business.

In December, 1994, a jury found Rowbotham guilty of conspiring to traffic
in marijuana. He was sentenced to 18 years in prison, to begin after a
13-year sentence he was already serving had expired on May 19, 2002.

But Rowbotham, who now sits on a board advising the federal
solicitor-general on issues relating to correction, appealed the decision.

However, complications arose when the court reporter suddenly left Canada.
Her tapes disappeared and no transcript was ever produced.

Defence lawyer Tim Breen and crown counsel Jeffrey Kehoe went to the appeal
court last week with a proposal that Rowbotham's 18-year term be changed to
a seven-year, five-month sentence, to be served concurrently with the
13-year sentence.

Kehoe acknowledged Rowbotham has served a significant amount of time in
custody and has been successful in his rehabilitation.

But in a unanimous written decision released yesterday, a three-judge
appeal panel rejected the proposal

``Although we commend counsel for their efforts in attempting to resolve
this appeal by way of their joint submission, which we appreciate would
result in putting an end to the prosecution of the conspiracy charge, we do
not think that it would be appropriate for this court to give effect to the
joint submission,'' wrote Associate Chief Justice John Morden.

Morden, writing for judges John Brooke and Stephen Borins, said it wouldn't
be appropriate for the court to impose a sentence because it would require
an assumption that Rowbotham's conviction is well-founded.

The crown should proceed with a new trial, he said.

Breen told the appeal court last week that if a new trial was ordered, his
client would plead guilty in exchange for a sentence of time served.