CONROY ARGUES FELGER ARREST UNLAWFUL

The constitutional right to freedom of speech meant Tim Felger could
hand out leaflets at the courthouse, and his arrest following a
confrontation with sheriffs over the leaflets was unlawful, argued
defence lawyer John Conroy yesterday.

On April 15, 2002, Felger was handing out papers promoting a
pro-marijuana rally when courthouse staff asked him to leave.

Felger refused, and was arrested after a scuffle that resulted in a
deputy sheriff being bit.

Earlier yesterday, Conroy asked for a stay of proceedings because
surveillance video of the incident had been destroyed, violating
Felger's right to disclosure of evidence and a fair trial.

Judge R.J. Lemisky denied the request, noting the surveillance
equipment is about 15 years old, and witnesses gave evidence that the
video quality was too poor. Conroy argued the court should make that
assessment, not people involved in the altercation.

The case continues Feb. 23.