RURAL POT HOUSE CASE WITHDRAWN

A glitch in how police conducted an investigation means the case of two
Milton residents charged in connection with a marijuana growing operation
has been tossed out of court.

Halton Regional Police seized $250,000 worth of drugs as well as hydroponic
growing equipment and 251 marijuana plants during a raid at a Fourth Line
residence in June, 2001.

Det. Const. Ed Guys from Halton police's drug and morality bureau told The
Champion cops were tipped off when a photo lab told police of pictures they
had developed of what appeared to be a marijuana-growing operation.

As a result of the photos, police obtained a search warrant, which led to
the rural Milton seizure, Det. Const. Guys said.

But September 22, Madam Justice Linda Walters ruled at Superior Court of
Justice in Milton that the photos should have been acquired with a search
warrant, Det. Const. Guys said.

"Any evidence (obtained) after the photos... is evidence not allowed in
court," he said.

So, the case was dismissed.

As Crown Attorney Ted Graham put it, "Because there was no evidence, there
was no case, so the charges were dismissed. The matter basically got itself
resolved."

Defence lawyer Caspar Sinnige said he thought the judge made the right
decision.

"When you give pictures to any place to be developed, you have a reasonable
expectation for privacy. You don't expect them to be put on the Internet or
handed around to friends," Mr. Sinnige said.

The judge recognized this, he said, and decided police should have had a
warrant to obtain the photos from the developing company.

"It's the right outcome," Mr. Sinnige said.

Det. Const. Guys said there are still issues police have to deal with
pertaining to the case.

"Now we have to deal with the issue of property being returned," he said.
"They already got back their hydroponic equipment. It'll be interesting."

Agnieska Wojyanowska and Douglas Weil were cleared of all charges, which
included producing a controlled substance, possession of a controlled
substance and possession for the purpose of trafficking.