JUDGE RULES WOMAN MUST HAVE LAWYER

Crown Must Pay Pot Advocate's Legal Fees Or Trial Won't Proceed

A broke marijuana rights advocate who has exhausted all of her means to
hire a lawyer will not be tried on money laundering and proceeds of crime
charges unless the federal Crown gives her money to pay for one.

Melanie Stephen Patriquen and her husband Michael Patriquen, founder of the
Nova Scotia Marijuana Party, were charged with possessing proceeds of crime
from drug trafficking from 1995 to early 2000. They were also charged with
money laundering shortly after that period.

Mr. Patriquen has pleaded guilty to the possession charge and is to be
sentenced next month.

Over five days earlier this year, Ms. Stephen-Patriquen acted as her own
lawyer in an application for state-funded counsel.

In a decision released Friday, Justice Gerald Moir of Nova Scotia Supreme
Court ruled there was a strong probability that Ms. Stephen-Patriquen would
not get a fair trial without a lawyer.

"I find Ms. Stephen-Patriquen is in no position to honestly offer terms to
counsel," Justice Moir wrote. "She cannot pay. Also, family or friends are
not a source for paying her counsel.

"I will order a stay until the state has offered Ms. Stephen-Patriquen
reasonable terms under which she can retain competent but not necessarily
very experienced or expensive counsel."

Ms. Stephen-Patriquen could not be reached Friday.

On the money laundering charge, the Crown had intended to prove that Mr.
Patriquen derived income from the drug trade and that that income got
mingled in the household accounts with Ms. Stephen-Patriquen's legitimate
income from her employment as a saleswoman.

The Crown was also to allege that tainted money was included in the
purchase of the couple's Middle Sackville home or went to increase the
equity due to improvements or mortgage payments.

The allegation of money laundering is based on the couple's remortgaging of
their home in April 2000.

During the application, Ms. Stephen-Patriquen maintained that the proceeds
were used to pay her husband's legal bills and to pay debt.

In his ruling, Justice Moir said the complications of this case overwhelm
Ms. Stephen-Patriquen's capacities even under assistance.

"I find that the probabilities of incompetent blundering in connection with
the search and seizure issue ... and challenging and responding to the work
of a chartered accountant are so great that there is a high probability of
an unfair trial," Justice Moir said.

After the execution of a search warrant upon Ms. Stephen-Patriquen's former
employer and after Mr. Patriquen went to prison, Ms. Stephen-Patriquen
continued a small mail order business her husband had started.

The company's 2002 profit and loss statement shows revenue of $89,676, a
gross margin of $64,408 and a loss of $6,708 after expenses of $71,116,
including $33,254 in draws.

Speaking of Ms. Stephen-Patriquen's insolvency, Justice Moir said she
spends more than she takes in.

"Her house taxes are past due," he wrote. "She uses credit to pay other
credit. She overdraws her company. She owns nothing valuable except half of
her equity in her house. The equity is not very valuable."

Ms. Stephen-Patriquen had applied for legal aid but was turned down.

She had also written to several lawyers who refused to take her case on terms.

Some said they were too junior for a such a case while more senior lawyers
wanted a retainer.

Federal Crown prosecutor Scott Beazley said the Crown is reviewing the
decision and has not yet decided on how it will respond.

If the Crown does not comply with the order then the prosecution against
Ms. Patriquen-Stephen will not go ahead.

The Crown also has the option of appealing.

In 2002, Mr. Patriquen was sentenced to six years in prison after he
pleaded guilty to conspiring to possess and traffic marijuana in Nova
Scotia and Newfoundland between 1999 and 2000.

In March, Mr. Patriquen was released on day parole.

During his 18-month stay in prison, Mr. Patriquen, who has chronic neck
pain from a 1999 car accident, fought tirelessly to use his legally
prescribed marijuana. He claims he contracted hepatitis C while behind bars.