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News (Media Awareness Project) - CN ON: Pot Grower's Sentencing Delayed For Fourth Time
Title:CN ON: Pot Grower's Sentencing Delayed For Fourth Time
Published On:2002-05-29
Source:Kitchener-Waterloo Record (CN ON)
Fetched On:2008-01-23 06:21:44
POT GROWER'S SENTENCING DELAYED FOR FOURTH TIME

KITCHENER -- Yesterday, Muoi Vu was supposed to have learned how many
months he would have to spend in jail for illegally growing marijuana in a
house on Lombardy Court in Kitchener. Instead, his sentencing was adjourned
yet again -- the fourth time in four months.

Now he will have to wait until June 11 to know his fate.

"It is another example of how this changeover in (drug) Crowns is causing
chaos in the courts," defence lawyer Craig Parry said in an interview.

The Kitchener lawyer was referring to the recent resignation of Waterloo
Region's two drug prosecutors and the fact that drug prosecutors from
Toronto are taking over the cases which has caused delays.

Parry said his client is looking at jail time, but the question still to be
settled by Justice Bruce Frazer is the length of time Vu will have to spend
behind bars.

Initially, Vu was scheduled to be sentenced in January after he was
convicted of growing 156 marijuana plants and stealing $1,872 worth of hydro.

Police raided the house on Nov. 8, 2000.

The first sentencing adjournment occurred when Vu switched lawyers, and
then the case was adjourned again because the Kitchener judge was involved
in another, lengthy court case.

Then the strike by provincial civil servants delayed the completion of Vu's
pre-sentence report, which is written in cases where someone is in jeopardy
of going to jail.

And then yesterday, Stephane Marinier, acting senior counsel for the
Ontario Region of the Justice Department, asked Frazer for a fourth
adjournment to complete an agreed-statement-of-fact on the impact these
grow operations have had on the community such as risks of fire and
electrocution.

Marinier told the judge that he needs a copy of a court transcript of
another grow case to assist him in preparing the statement of fact and he
hasn't yet been able to locate the transcript.

Frazer reluctantly agreed to the fourth adjournment, saying it would be the
last one he would grant in this case.

"My concern is the number of times Mr. Vu has had to return to the courts,
just to be told he must return again," the judge said.

Parry said his client has consented to every adjournment.
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