Accused will have case moved to B.C.
The trial into the marijuana grow operations found in the Copper Ridge subdivision in 2005 continued this morning.
The trial into the marijuana grow operations found in the Copper Ridge subdivision in 2005 continued this morning.
The proceedings, however, lasted only long enough for one of the accused persons to be granted permission to have the case referred to court in British Columbia.
After adjourning the case for an hour, Judge Karen Ruddy agreed to refer the case to B.C. for Wei Min Zhai.
Zhai is facing six charges each of producing marijuana, possession of marijuana and stealing electricity.
Defence lawyer Gord Coffin told the court he and Crown prosecutor Ludovic Gouallier had reached an agreement to have the charges waived to court in B.C., where Zhai lives.
Following this morning's case, Gouallier told reporters the process allows offenders who aren't residing in the jurisdiction to have their cases moved to the courts in their home area if they enter guilty pleas.
Gouallier would not say what charges Zhai had agreed to plead guilty to, noting it's not public information yet.
The information, he explained, will become public when it goes formally before the court.
An agreed statement of facts and proposed disposition will be filed by the Yukon's Crown and defence lawyer on the case for the B.C. court.
There, the judge is not bound by the proposed sentence, but must give it strong consideration, he said.
While the case is scheduled to be back in territorial court on July 13, Gouallier noted that date is in place to ensure Zhai is going through the proper procedures to have the case transferred.
'This is all volunteer,' Gouallier said of the accused having the matter transferred.
As long as the transfer has gone through the right process, the matter would then be heard in Vancouver.
On Monday, Guang Xian Zhu pleaded guilty to producing marijuana and was sentenced to six months less a day in jail in the same case. Coffin also indicated client Kwok Yiu Cheung will enter a guilty plea to the same charge.
That sentencing was booked for May 22.
Meanwhile, Crown prosecutors opted not to call evidence in the same case against Kiu Tin Yeung, Jian Xiong Zhou, Min Shan Jiang and Wei Xiong Wen, who were each charged with six counts apiece of producing marijuana, possession of marijuana and stealing electricity.
That decision was made after Ruddy ruled not to admit certain evidence due to Canadian Charter of Rights and Freedoms breaches in the arrests of some of the men.
The voir dire (trial within a trial) around that evidence was heard in October 2006, when the trial originally began.
Before the voir dire, another man, Zhu Dong Liang, facing the same charges, pleaded guilty to possession of cocaine, production of marijuana and stealing electricity. He was sentenced to a total of one year in jail.
The sentence included one year for producing marijuana to be served at the same time as a three-month and one-year sentence for the possession and stealing electricity charges.
In 2005, search warrants were executed on several properties in Copper Ridge with grow operations being discovered.
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