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Letter from Department of Justice: Fed’s concede to aquittal on Weds Sept 28!
By Hempology | September 22, 2005
Dear Sir:
Re: Regina v. Leon Edward SMITH
Conviction Appeal
Court of Appeal File No CA 032823
VIA COURIER
Having reviewed the transcript and appeal books in the above noted-matter, the Crown has concluded that you should have been granted leave to cross-examine the drug analyst in order to explore the analysis of the substances determined by the drug analyst to be cannabis resin. I make this comment in light of the lower court decisions in R. v. Dunsdon (15 October 2004), Richmond No. 47380-2-C (B.C. Prov. Ct.) and R. v. Dunsdon (5 January 2005), Richmond No.45431-C-2 (B.C. Prov. Ct.). Accordingly, I can advise you that the Crown intends to concede this appeal.
With respect to the form of relief, the Crown’s view is that the denial of leave to cross-examine would entitle you to a new trial. However, the Crown had determined that it will not proceed with a second trial in this matter. We will therefore invite the Court to allow the appeal and enter an acquittal.
As you know, this appeal is currently scheduled to be heard on January 26, 2006. In light of the Crown�s position, that court time could be used for other cases. I therefore wish to advise the Court of the Crown�s position as soon as possible. I propose to add the matter to the Court list at the British Columbia Court of Appeal, Victoria Registry, at the Law Courts, 850 Burdett Avenue, at 10:00 an on September 28, 2005. It would be appreciated if you could contact me at the number set out above so that I can confirm your availability on that date.
The Crown�s position on this appeal will not have any bearing on your other appeal, Court of Appeal file number CA032824. The Crown will argue that appeal on its merits. I would think we could deal with the remaining appeal, CA032824, in one-half day. My suggestion is that the remaining appeal be heard on January 26, 2006.
Yours truly,
W. Paul Riley
Crown Counsel
Federal Prosecution Service , BC Region
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