Judge adjourns trafficking plea

A Yorkton man facing marijuana trafficking charges will have another month to decide how he is going to proceed with his case.

In Yorkton court July15, Clark Protz indicated he wanted to plead not guilty and elect a trial by judge and jury at Court of Queen's Bench, but Judge Patrick Koskie was concerned that the defendant did not have legal counsel.

Protz was arrested May 1 following a traffic stop near Theodore. Police allege he was transporting 23 pounds of marijuana for the purpose of trafficking.

Koskie explained to Protz that because of the seriousness of the charges and recent Criminal Code changes regarding mandatory minimum sentences he was in "great jeopardy" of incarceration should he be convicted. The judge strongly recommended Protz should obtain the services of a lawyer.

A friend of the accused, who appeared with Protz Monday, said they were outraged by the evidence they received through disclosure from the Crown.

"The system has acted in a manner that's really harmed our belief fairness will happen," he said. He suggested police had used information that Protz is a medical marijuana user to make the arrest and hinted there might be a Charter challenge in the offing.

Koskie said the medical angle may be a defence, but reiterated that Protz would be wise to have an experienced attorney vet the evidence for him.

The friend also asked the judge how they would go about having the original arrest excluded and about setting a preliminary hearing.

Koskie said even if the Court scheduled a preliminary hearing, it would be a long time before they would have an opportunity to present any kind of defence explaining that a preliminary hearing is only for a judge to decide if there is enough evidence to proceed to trial.

Ultimately, the judge decided to adjourn the plea and election until August 26 to give Protz a chance to reconsider defending himself and seek legal representation.

"You're allowed to do it yourself, but you have no experience running this kind of trial," Koskie said. "Trust me, I'm giving you good advice."