POT ACTIVIST HAS HIS VIDEO DAY IN COURT

Charged with causing a disturbance, marijuana activist Steven Payne
appeared in B.C. Provincial court via video on Thursday. From the
courthouse in Vancouver, Payne, initially without legal counsel, said he
didn't believe he had done anything wrong.

Crown attorney Lynn Nugent called her first witness, Constable Curtis Durdle.

According to Cst. Durdle's testimony, Payne held a sign advocating the
legalization of marijuana on July 21, 2001 at LeBourdais Park during Kids
Day in the Park.

"We had had numerous calls to the station concerning this male with his
sign," said Cst. Durdle.

Cst. Durdle, along with two fellow officers, Cst. Wielgosz and Cst.
Gonzalez, were making their rounds on bike patrol when they first saw Payne.

"I was riding a short distance ahead of Cst. Durdle," said second crown
witness Cst. Mark Wielgosz. "I stopped because I heard him ask Payne if he
could talk to him for a minute."

According to both officers, when Durdle asked Payne if he could speak with
him, Payne immediately began yelling, "These pigs want to take my sign.
These pigs want to take my sign."

"I then told him he was under arrest for causing a disturbance," said Durdle.

According to testimony, Payne began to walk away. Cst. Durdle then grabbed
the man's arm.

"He made a huge scene,"said Durdle. "He dropped to the ground and continued
to yell and swear. People began to come over, so we decided to deal with it
at a later date."

Durdle also testified that when Payne dropped to the ground he had
mentioned that he had already sued police in Ontario for a similar situation.

Minutes before the Crown was finished questioning its first witness,
defence attorney E.L. Kornfeld from Vancouver made an appearance via video,
asking Payne if he wanted her assistance. Payne accepted and court was
adjourned for 25 minutes to allow Kornfeld to familiarise herself with the
case.

Upon returning, Kornfeld cross-examined Cst. Durdle. Asking him if he was
aware that holding a sign was not against the law. "I never told him I
wanted to take his sign," said Cst. Durdle. "I just asked if I could speak
with him."

Kornfeld went on to outline the free speech clause in the Canadian Charter
of Rights and Freedoms.

Cst. Durdle, stood his ground, and although he admitted he felt the sign
inappropriate for that occasion, he repeatedly said he knew he had no
authority to take Payne's sign away.

The trial is set to continue, although no date has been set.