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Old 05-26-2006, 05:15 PM   #1
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Default CAN: Da Kine Smoke and Beverage Shop Owner Convicted on Trafficking

Marijuana Cafe Owner Convicted on Trafficking
Canadian Press | Vancouver Sun | 05/24/2006

VANCOUVER - The woman who owned a marijuana cafe closed in a highly publicized police raid two years ago faces up to 10 years in prison after being convicted in a separate drug-trafficking case.

The Crown likely won't ask the B.C. Supreme Court judge to impose the maximum sentence on Carol Gwilt, her lawyer Jason Gratl said Wednesday.

But Gratl would not say what sentence he will recommend when the case goes back to court July 6. However, he noted Gwilt had no previous criminal record.

A spokeswoman for the federal Justice Department, which handles all drug-trafficking prosecutions, said officials will not discuss their sentence recommendation before submitting it to the court.

A jury convicted Gwilt on Tuesday of possession of marijuana for the purpose of trafficking and of possession of the proceeds of crime.

Her co-accused, Michael Boudreau, was acquitted on a single trafficking count.

Gwilt and Boudreau were arrested Sept. 16, 2004, when police stopped a car she was driving and found a quantity of pot and $11,000 in cash.

The arrest took place while Gwilt was out on bail a week after police raided her Da Kine Smoke and Beverage Shop, a controversial east-side marijuana cafe.

In that raid, spurred by media publicity and complaints from neighbourhood residents, investigators seized nine kilograms of pot, some hashish, and cookies laced with both drugs, as well as $63,000 cash.

The pot was allegedly being sold to anyone who filled in a form saying it was for medicinal use with no requirement for a doctor's letter.

Gwilt denied a police contention Da Kine was doing $30,000 a day in business.

The cafe on trendy Commercial Drive was allowed to reopen without the pot but later closed and Gwilt surrendered her business licence. It's now a 1950s-style diner, said Gratl.

Gwilt told her trial the money seized from her car was donations to her defence fund and the pot had been slated for sale at the De Kine cafe.

"She's disappointed that the jury didn't believe her about the source of the funds that were seized from the vehicle,'' said Gratl. ``But she is gratified that the jury did believe her that her co-accused didn't know the contents of the bag that he was carrying.''

The case connected to the raid has not yet been scheduled for trial, said Gratl. The later charges went ahead first because it was a simpler case, he said.
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