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Court overturns Canadian woman?s drugs conviction

A Canadian stripper, who was found guilty of importing almost $100,000 worth of drugs in golf clubs last year, walked out of the Court of Appeal a free woman yesterday.

A visibly relieved Anna Formanchuck, 23, of Toronto, was led from the court after the judgment and was released from the Co-Ed Correctional Facility later yesterday.

This was quite different from last April when Formanchuck sobbed after she received a seven-year sentence after being found guilty of importing cocaine worth $93,000.

Her lawyer Elizabeth Christopher appealed the conviction on the grounds that Police officers could not account for who had handled the golf clubs during the investigation and also that the trial judge, Acting Justice Archibald Warner, did not direct the jury on Formanchuck?s good character during the case or in his summation.

Crown counsel Graveney Bannister argued that the Crown?s case was strong enough without the mention of Formanchuck?s good character. But Court of Appeal President Edward Zacca asked Mr. Bannister if he could be sure that the outcome of the trial would have been the same if the judge had directed the jury on her good character.

Mr. Bannister conceded the trial judge should have dealt with the issue.

Mr. Justice Zacca said the case was biased towards the Crown and the jury needed to know that Formanchuck was of good character during the trial, as that was her only defence.

But Mr. Bannister said Ms Christopher had brought it up only once and never pursued it.

Mr. Justice Zacca said: ?She (Ms Christopher) is not there to remind the trial judge of his duties ? he ought to have known where the law stands.?

Mr. Bannister said: ?It should not be fatal to the matter since the evidence was overwhelming.?

Mr. Justice Zacca said: ?She (Formanchuck) had said that she did not know the drugs were there. The jury did not hear of her good character.

?They (the jury) could have said ?yes she knew? but do we know how they would have dealt with it??

Ms Christopher also argued that the officer who was the custodian of the golf clubs, was never called to give evidence and it was unclear what had happened to the clubs during the investigation.

When the clubs were returned to Formanchuck she said they were not the ones that she had bought with her to the Island.

Court of Appeal Justice Sir Anthony Evans said Formanchuck only had to raise reasonable doubt to be acquitted.

Mr. Justice Zacca said the court would allow the appeal and set aside the conviction.

?As for a retrial, for reasons that will be given later in a written judgement, a retrial should not be ordered but instead, a verdict of acquittal instead,? said Mr. Justice Zacca.

Director of Public Prosecutions Kulandra Ratneser said he was unable to comment on whether the Crown would take the case to the Privy Council.