SASKATOON -- The lawyer for a farmer accused of using a genetically modified canola seed without permission was cited as successfully blocking the introduction of new tests carried out on samples taken from Percy Schmeiser's fields in August 1998. Terry Zakreski argued he should have had 60 days notice of any testing. The latest tests were not started until May 12. ``This is a very highly prejudicial issue to my case,'' Zakreski told Justice Andrew MacKay on Tuesday. Lawyers for complainant Monsanto, a biotechnology company based in St. Louis, did not give Schmeiser's lawyer a copy of the new tests until last Friday.

``I got this report that no lay person could understand,'' Zakreski said ``My whole case was based on all that testing that was done prior.'' Under questioning by Zakreski, the scientists admitted that the test would show the Roundup Ready gene was present in the entire sample even if just one of the six plants combined in the test tube carried the modified gene. The genetically engineered canola allows farmers to plant earlier and more easily manage weeds because it can survive the use of the powerful herbicide Roundup.

** NOTICE: In accordance with Title 17 U.S.C. Section 107, this material is distributed for research and educational purposes only. **