HOLY SMOKE IN COURT

The trial of Holy Smoke Culture shop owners Paul DeFelice, Alan
Middlemiss and Dustin Sunflower Cantwell got underway Wednesday, but
quickly got bogged down in a legal quagmire.

The three are charged with possession of marijuana and possession with
intent to sell stemming from an Oct. 15, 1997 search of the shop by
Nelson City Police.

The trial has been slowed by a voir dire - a hearing to determine the
admissibility of evidence - that centers around the legitimacy of the
warrant and search done by the police. The defence, led by local
lawyer Don Skogstad, is claiming that search and warrant are
unconstitutional. If Justice Mark Takahashi rules that the warrant was
illegally obtained the case could be immediately dismissed.

The first two days of the proceedings saw Det. Howie Grant on the
stand testifying as to the events leading up to the search and the
warrant being issued, as well as the details of the search itself. The
Crown is expected to call three more witnesses and the defense to call
at least four more, all as part of the voir dire. The trial - which
was only slated to take one day but has now taken up two with no end
in sight - is expected to continue at the Nelson courthouse on Monday.

Checked-by: Patrick Henry