DECISION IN POT KING CASE DELAYED

It will be tomorrow or more likely next week before Winlaw's Paddy
Roberts learns the fate of his case against B.C. marijuana king Marc
Emery.

A Supreme Court judge has reserved his decision on the local man's
attempts to keep the federal attorney general out of the high profile
case, which is garnering national media attention.

On Monday, at a hearing held in Nelson, Vancouver Supereme Court
Justice Robert Crawford denied the Crown's request that the day's
hearing be closed to media and the public.

Attorney general representative Peter LaPrarie and Roberts' local lawyer Don
Skogstad then spent more than an hour deliberating over the Crown's place in
Roberts' case against Emery. Acting as a private citizen, Roberts is
charging Emery with conspiracy to violate the U.S. criminal code by selling
marijuana seeds by mail across the bordr.

Emery is facing extradition to the U.S. on charges of conspiracty to
launder money and distribute marijuana and marijuana seeds. Two
others are co-accused. Conviction on the charges would carry a
sentence of at least 12 years.

By law, if Emery is tied in Canada on the same charges, he can't be
sent across the border to face them again in the U.S. The extradition
attempt is contiuing however, with Emery's next hearing slated for May
4 in Vancouver.

According to Skogstad, the Crown has stated by letter that it will
stay the charges - if it is allowed to take part in Roberts' case -
thereby clearing the way for extradition.

However, the outcome of the Nelson hearing is not a make-or-breaker
for Emery, at least not yet.

Should the AG be barred from the case, Skogstad says there's still a
chance the provincial attorney general could get involved, although
the B.C. Crown has waived any interest in the case.

Contacted Wednesday, by the NDN, a Vancouver spokesperson for Ottawa's
attorney general refused to speculate on whether the Crown will appeal
Justice Crawford's decision, if he rules against the AG.

Attorney General spokesperson Lyse Canton was asked to comment on
speculation that U.S.lawmakers are putting pressure on Ottawa to
extradite Emery.

"I have absolutely no knowledge of that," Canton said.

While a Canadian case against Emery would save him from extradition to
the U.S., Roberts has said that isn't his motive in bringing the
charges against the famous marijuana advocate.

"The primary reason the charges are being brought is because I believe
all three people are guilty of the crimes they're being charged with,"
Roberts told the NDN last week.

The second reason, Roberts said, is for matters of Canadian
sovereignty.