Apr 11, 2012, 10:09:13 PM4/11/12
JCT: In my article "Bela Beke Contempt and Expunge Motions
adjourned," I noted how his young nephew Anthony Bechard had
been riding in the car with uncle Bela and the 10 pounds.
And he was also charged with the life-sentence offence of
Possession for the Purpose of Trafficking more than 3KG, his
first charge being a life-sentence offence!
Well, Bela filed his motion to quash, constitutional motion
to stay and his motion for the Return of his medicine as he
now organizes his medical files to obtain his exemption.
I'd pointed out that with Bela claiming the marijuana was
his with his motion for Return, they had absolutely no
evidence that the kid was possessing it for the purpose of
trafficking it. The nephew had a lawyer. Because they had
him on possession of a pipe, possession of paraphenalia, the
lawyer pleaded him guilty on possession of the pipe for a
conditional discharge after 3 months of good conduct!
Facing a life sentence for his first offence, Anthony
Bechard ends up with no criminal record. This is the first
time that the Return Motion has been used successfully by
the lawyer to have the co-accused beat the charge. Now to
have the same thing happen for Mike Spottiswood's young
daughter who got charged for helping her crippled dad move
stuff to the car. Great precedent for her. Except she's an
athlete who doesn't smoke and didn't have a pipe to plead
And tomorrow, Bela's back in Brockville Superior Court for a
Preliminary Inquiry where the Crown's going to have to
establish to the judge that Bela was going to part with part
of his stash! These days, with medical users getting
exemptions for over 100 pounds, medical users possession 10
pounds may no longer be presumed to be possessing that much
to traffic but to get a larger discount. He'd have bought 20
pounds cheaper if he could have.
So what are they going to do? He has legitimate spinal
damage and can tell the court about his upcoming Skype
interview for an exemption with a BC doctor when his medical
records get organized.
If the judge sees a case for him parting with his stash,
then it goes to Quash Motion, Stay Motion, Jury Trial
showing them his medical file.
I'd bet they choose to put it off and see if he gets an
exemption. Why go into combat with a guy who will later get
Sure does change things for the co-accused when the accused
claims his pot back! Har har har har har har. Great day!