POT GROWER GETS HOUSE ARREST

A Kitchener judge last Thursday refused to strike a man's guilty plea
in a marijuana home-grow case because of a suggestion the judge may
have been influenced by a letter from regional politicians urging
stiffer sentences.

"I did receive the letter," Justice David Carr told lawyer Hal
Mattson, who made the request.

"It has not influenced me in any way in the disposition I'm going to
make, nor am I biased in any way. I'm not going to strike the plea."

Carr then imposed a 15-month conditional sentence of house arrest -
and a $30,000 fine - on Cuong Luong, 46.

Luong pleaded guilty in November to possession of marijuana for the
purpose of trafficking, production of marijuana, and theft of hydro
electricity.

The charges related to a marijuana-growing operation at 204 Mitchell
St. in Ayr. Police found 163 mature plants and 85 baby plants, with a
street value of $173,600, in the basement of the home last spring.

Mattson wanted Carr to strike Luong's guilty plea if he was
considering sending him to jail. The defence lawyer said he was
obligated on behalf of his client to make the request so Luong could
receive "a full and fair" hearing.

"I think it would be impossible for anyone to explain to this man why
he's going to jail," Mattson said. "It would be very difficult to
explain to my client that somehow the judiciary has not been
influenced by a politician."

Waterloo Region council recently sent letters to all local judges
containing copies of a council resolution urging five-year sentences
for people convicted of running home pot operations.

Many have received conditional sentences to be served at home.

Two local judges expressed concern at the time that council was
trying to inappropriately influence judges. Regional Chairman Ken
Seiling has said council was only trying to pass along the
community's concerns about the growing number and dangers of pot
gardens.

Mattson said if Carr was considering a jail term, he wanted Luong's
plea struck, and a new sentencing hearing held with a judge who
didn't receive the letter.

He said outside court that he thinks Carr rejected his request
because he intended to impose a conditional sentence anyway. Mattson
said he will be making the same request of all judges who got the
letter.

"We have an obligation to our clients," he said.

Meanwhile, another issue became evident at last week's sentencing -
the need for Crown prosecutors to present evidence of the impact of
home-grows when asking judges for jail terms.

Carr noted that although prosecutor Ed D'Agostino told him pot grows
were proliferating and presented dangers such as fires in the
community, he presented no proof.

In another recent case, Justice Colin Westman imposed a jail term in
a similar pot case after hearing from hydro officials and police
about the effects of the operations on the community.

Carr said although the media have been publishing the concerns of
police and the community about pot grows, "That's not evidence before
me."

Outside court, D'Agostino said from now on, such evidence will be
presented in every marijuana cultivation case.

"Judge Westman heard what the impact on the community is and it's
important other judges hear the impact on the community as well," he
said. "It's clear the evidence has to be presented and we'll do it."

Mattson said defence lawyers will still be able to challenge that
evidence, however.

About the suggestion that rigging a home's wiring to bypass the hydro
meters presents a fire hazard, for example, Mattson asked, "How many
fires are caused in this community by faulty toasters?"