CASE THROWN OUT OVER DOG BITE

A judge has thrown out the case against a man charged with growing
marijuana, saying his rights were violated when he was attacked and bitten
by a police dog.

Fifteen heavily armed officers and police dog Toro raided the home of Earl
Penfold, 54, on Feb.25,1998. The raid netted 500 marijuana plants.

The officers said they were worried there might be weapons in the house
because they believed some of the occupants were fugitive members of bike
gangs from Quebec.

But Justice Myra Bielby said Thursday that the bite by the police dog when
Penhold approached the officers was unwarranted.

`The dog handler essentially overreacted in a situation of acute tension
and excitement,' she said. `A significant Charter right was infringed.'

Bielby said Penhold was not given sufficient time to respond to a police
command to get down on the floor.

Toro bit Penhold on the right hip, Court was told it was a superficial
wound that required a tetanus shot.