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News (Media Awareness Project) - CN BC: Extradition Hearing Delayed In Mail-Order Marijuana Case
Title:CN BC: Extradition Hearing Delayed In Mail-Order Marijuana Case
Published On:2009-05-26
Source:Province, The (CN BC)
Fetched On:2009-05-26 15:37:26
EXTRADITION HEARING DELAYED IN MAIL-ORDER MARIJUANA CASE

Marc Emery's Lawyer Cites Possible U.S. Deal

The extradition hearing for marijuana activist Marc Emery, which was
scheduled to begin next week, has been adjourned.

Emery's lawyer, Ian Donaldson, told B.C. Supreme Court Justice Anne
Mackenzie that he needed more time to finalize an agreement with U.S.
prosecutors that would end the need for the hearing.

Donaldson noted that two of Emery's co-accused have pleaded guilty to
their part in a scheme in which marijuana seeds were sold for use in
grow-ops south of the border.

He said that since the pleas by Michelle Rainey and Gregory Williams
were entered in

Seattle last month, he has been in discussions with the U.S.
prosecuting counsel.

"He and I have a general framework capable of resolving the case for
Mr. Emery," said Donaldson.

He said that, under the agreement, Emery would consent to be
committed for extradition on one of the three criminal counts he
faces. He noted that the Canadian authorities are opposed to such a move.

He asked for an adjournment of two to three weeks so he could further
discuss the matter with a U.S. defence lawyer who would handle the
case in Seattle.

Kerry Swift, a lawyer for the federal justice department, told the
judge that her superiors in Ottawa were opposed to the adjournment.

She noted that the case had already been delayed a number of times
and previous negotiations to resolve the matter had gone off the rails.

But the judge said she accepted that Donaldson had made efforts to
resolve the case and agreed to put off the matter for several weeks.
The next court appearance is June 3 to address the availability of a
Crown witness, an undercover officer, who is to testify if the
hearing goes ahead. Emery was arrested on the drug charges in 2005.
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