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Pot activist Felger free after 'joke' trial
Source: Abbotsford Times (CN BC), 02/27/04![]()
A trial that stemmed from an incident at the Abbotsford courthouse in April 2002 wrapped up Monday with an absolute discharge and two acquittals for Tim Felger.
Felger, a well-known marijuana activist and anti-prohibition Abbotsford personality, was charged with assault, causing a disturbance and resisting a peace officer due to the incident, where a courthouse sheriff claimed Felger bit him on the hand.
Felger said he was just handing out pamphlets for a marijuana rally, something he says the trial established he is allowed to do.
"It was concluded I could hand out flyers in the courthouse," Felger said Tuesday.
He says that was something he was always allowed to do, but because a deputy sheriff said he slipped on a flyer Felger was handing out and tried to forcibly make him leave the courthouse, the issue ended up at trial.
His lawyer John Conroy was pleased with the acquittals on the assault and causing a disturbance charges, and said the absolute discharge is "the lowest penalty available in the [Criminal] Code."
"After one year, they have to purge [Felger's] record of [the discharge]," Conroy said Tuesday. "All in all, it's not a bad result."
Some videotaped evidence never seen by Felger or Conroy possibly wouldn't have helped the defence anyway, Conroy said, since evidence was given on both sides. "The video might have helped on the cause of disturbance but he was acquitted there anyway," he said.
Crown prosecutor Jim Barbour said Felger did not seem happy with the sentence.
"He was convicted but the judge didn't impose a penalty," Barbour said. "It means he will not have a criminal record . . . I don't think he wanted to be convicted of any [of the charges]."
Felger had a different opinion of the trial and sentence.
"The whole trial was a joke," he said. "The judge bent over backwards to find me guilty."