GROW-OP PRODUCED MEDICINE, NOT POT, APPEAL COURT HEARS

Three men convicted in connection with one of the province's
largest-ever grow-ops continue to say they are not guilty of a crime,
a panel of Saskatchewan Court of Appeal judges heard Wednesday.

"All I can do is come up and tell you the truth and this is what I'm
doing," said Lawrence Hubert Agecoutay, 53.

Agecoutay -- now on day parole from his six-year sentence -- was the
only one of the three who appeared in person. His brother, Robert
Stanley Agecoutay, 50, who is still serving his 31/2-year sentence,
and business partner Chester Fernand Girard, 61, who is also on day
parole from his 51/2-year sentence, appeared by videoconferencing
from Prince Albert and Ottawa, respectively. The three are appealing
their convictions for unlawfully producing marijuana and possession
of the drug for the purpose of trafficking.

"They have no proof," Girard contended. "There's never been any
proof. The sentences are atrocious because there was never a crime committed."

Before Justices Gary Lane, Robert Richards and Gene Anne Smith, the
men repeated the position they'd taken since charges were laid --
what they were doing wasn't illegal and they were merely growing
"medicine" for their people.

"This was not for greed, as (the prosecution) says," said Lawrence
Agecoutay, the self-described leader of the group. "It was for
healing my people that are dying every day."

The Crown contends the men were growing marijuana to make money. An
August 2005 RCMP raid at the group's property on the Pasqua First
Nation located 6,000 marijuana plants worth an estimated $2 million
to $7.5 million. The men argued on Wednesday the plants contained no
THC, the active ingredient in marijuana that produces a high.

They further argued search warrants were not left at each property
searched as they should have been, nor were the searches valid on the
group's properties; that excessive force was used; that there was no
intent to traffic marijuana; and that there was a lack of people with
aboriginal ancestry on the jury.

Girard argued the Court of Appeal didn't have the authority to hear the appeal.

Crown prosecutor Wade McBride asked the Appeal Court panel to
increase the sentences given to Lawrence Agecoutay and Girard. Among
his arguments was that aggravating circumstances -- including that
children helped tend to the crop -- were not considered by the trial
judge. He added the sentences received were not appropriate given the
scale of the operation.

The court reserved decision as it awaits further information from
McBride on the search warrants.