Man gets one year under house arrest - Owen Sound Sun Times - Ontario, CA

Man gets one year under house arrest

By Scott Dunn

Posted 5 days ago

Drug prosecutor Clayton Conlan said Tom Fry should go to jail for possession of more than 13 kilograms worth of marijuana bud, the most potent part of the plant.

He has two prior marijuana production convictions, the last of which in 2008 netted him a nine-month conditional sentence.

But since jailing Fry would likely force the man's seriously ill wife to move into a nursing home, the federal Crown attorney said he reluctantly recommended one year under house arrest, which was granted in the Ontario Court of Justice Thursday.

The 57-year-old Berkeley-area farmer represented himself earlier at trial and was convicted of simple possession of marijuana Nov. 24, 2009. Sentencing was delayed while a presentence report was prepared.

Conlan said police found some of the pot in Fry's house but most of it was in a trailer on his property. No scales, debt lists or other drug paraphernalia were found.

Conlan said it was a "safe assumption" the pot was grown out-of-doors. Fry wasn't charged with production or possession for the purpose of trafficking.

"Mr. Fry should be going to real jail," Conlan said, calling his sentencing recommendation a "significant break" to allow Fry to care for his ailing wife.

Conlan said he was "very hesitant to take this out on Mrs. Fry" and Conlan said he hoped Fry wasn't using the Crown's sympathy for his wife "as a crutch" to avoid jail.

"I'm prepared to have a heart and give Mr. Fry the benefit of the doubt," Conlan said.

Justice Julia Morneau shared his misgivings. "It is a true kindness," she told him. But for the condition of Mrs. Fry "I'd send you to real jail."

The property, which belongs to Mrs. Fry, could have been seized by police, scolded Morneau.

Defence lawyer Greg Deakin called the sentence a "step up" from his last conditional sentence and "a kindness," given Fry's record. Fry hasn't used marijuana since he was charged, Deakin said.

Fry must continue attending drug counselling, use only prescribed medication and abstain from alcohol. He's allowed to leave his property Thursdays for shopping and other personal needs and other specific exceptions.

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Two Meaford brothers saw their drug charges dropped due to "external considerations" concerning a "much larger matter."

Arthur Freeman, 21, of Meaford was charged with three counts of illegal drug possession, production, unauthorized possession of a firearm and possession of a firearm while prohibited.

But federal Crown attorney Clayton Conlan proceeded only on the two firearms charges, possession of a double-barreled shotgun without a licence last Dec. 8 and possession of a firearm while prohibited. Dec. 9, both in Meaford. Freeman pleaded guilty to both.

All charges were withdrawn against Ryan Freeman, 24, of Meaford, including three counts of illegal drug possession, production, and unauthorized possession of a firearm.

Conlan said police across Canada executed search warrants simultaneously on Dec. 8, including at a property with fire number 058112 on the 12th line in Meaford. Police found marijuana plants, dried marijuana, cocaine and MDMA or ecstasy, there, Conlan said.

But Conlan said "for the purpose of the pleas" the prosecution does not allege Arthur Freeman had "any knowledge or control" of the drugs.

Conlan said sometimes in these cases there are "external considerations. He said "due to a much larger matter it was determined it was in the interest of the overall prosecution to deal with Arthur and Ryan Freeman expeditiously and this resolution will accomplish that."

Const. Steve Starr said in a news release shortly after the raids that six Grey-Bruce residents had been arrested in connection with what police said was a widespread illegal drug production and smuggling operation.

Charges against the Freemans were not related to the criminal conspiracy, however and were to be heard separately, Starr said. Some charges are being heard in Belleville.

Police found a shotgun behind the door in a bedroom occupied by Arthur Freeman in the same house. Police also found a .22-cal. rifle in the mudroom of the house.

He had no licence to possess the shotgun and was under a five-year court order not to possess firearms. Freeman's lawyer said the guns belonged to the Freemans' grandfather and were left there by their uncle. The lawyer said Arthur Freeman didn't realize the danger he was in by having the guns around.

The arrests followed a lengthy investigation called Project Needham, involving the Ontario Provincial Police organized crime enforcement team, eight other specialized OPP units, OPP officers and municipal police forces in Owen Sound, Meaford, Paisley, Walkerton, Quinte West, Belleville, Prince Edward County, Toronto, Peel Region and York Region. U.S. law enforcement and border officials were also involved.

sdunn@thesuntimes.ca

via owensoundsuntimes.com