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Judge reserves decision on attorney-general's bid to stop private prosecution of Marc Emery
By: Darren Davidson, Vancouver Sun (CN BC), 04-27-06

NELSON - A judge has reserved his decision on a Nelson man's attempts to keep the federal attorney-general out of a private prosecution of B.C.'s so-called Prince of Pot.

Paddy Roberts has charged Marc Emery and two others of conspiracy to distribute marijuana seeds, conspiracy to distribute marijuana and conspiracy to engage in money laundering.

They're the same charges the United States wants to prosecute Emery for, but if Emery is charged here, he can't be extradited to face the same crimes across the border.

The attorney-general of Canada has petitioned the court to stop the private prosecution. A hearing was held Monday in Nelson, but Justice Robert Crawford reserved his decision.

Roberts's lawyer Don Skogstad said the Crown has stated by letter it will stay the charges if it is allowed to take part in Roberts's case. That would clear the way for Emery's extradition.

Lyse Canton, of the federal attorney-general's department in Vancouver, refused Wednesday to say whether the Crown will appeal if the judge rules against the attorney-general.

And she refused to comment on whether U.S. lawmakers are putting pressure on Ottawa to extradite Emery.

Emery's next hearing is scheduled for May 4 in Vancouver.


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