Submissions began in territorial court this morning on what evidence can be used in the trial involving a major marijuana grow operation in the Copper Ridge subdivision.

The trial actually began last October. It started with Canadian Charter of Rights and Freedoms issues involving search warrants used by police in September 2005.

Several witnesses, including RCMP officers, were questioned on the stand about search warrants used on properties and vehicles in September 2005, when 4,600 marijuana plants were seized.

Lawyers had been scheduled to make their submissions on the Charter issues in November, but were granted a delay by Judge Karen Ruddy until today. The major portion of the trial was pushed ahead to May 7-25.

This morning, citing case law, Crown prosecutor Ludovic Gouaillier argued an arrest and search warrant used on Wei Ximon Wen was valid.

Wen was arrested and accused of stealing electricity and producing marijuana. He was detained after driving from 208 Falcon Dr. in a grey Toyota Camry. Police had been instructed to arrest anyone leaving the residence.

Goullier also cited case law. He argued that Cpl. Jamie McGowan used his own observations (in smelling what seemed to be marijuana from the car and finding cash in the vehicle) as well as the instructions for the arrests from senior officers.

Defence lawyer Ken Westlake pointed out there was no evidence Wen was associated with the house, except that he was seen walking out of it.

Westlake pointed out that Wen was not a listed owner nor tenant of the home and wasn't the registered owner of the vehicle. Nor did he have a key that could be used to enter the house.

He also noted it wasn't until cash in a white package was found in the car Cpl. Rod Hamilton had gone into that a decision was made to obtain a search warrant for the vehicle.

'It's the finding of the money that triggered the search warrant,' Westlake said.

Arguments in the case were set to continue this afternoon.

Facing six counts each of producing marijuana, possession of marijuana for trafficking and stealing electricity are Kiu Tin Yeung, Guang Xian Zhu, Wei Min Zhai, Wei Ximon Wen, Jian Xiong Zhou, Min Shan Jian and Kwok Yiu Cheung.

At the beginning of the trial, another accused, Zhu Dong Liang, pleaded guilty, through a Cantonese translator, to producing marijuana, stealing more than $5,000 in electricity and possession of cocaine.

He was sentenced to one year in jail.