Pubdate: Wed, 14 Jun 2006
Source: Kitchener-Waterloo Record (CN ON)
Copyright: 2006 Kitchener-Waterloo Record
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

DEFENCE TRIES TO STOP FORFEITURE OF FAMILY'S HOMES

Lawyers fighting a government bid to seize four  Kitchener homes used 
for marijuana grows want a judge  to ignore some documents found in 
one of the homes.

The papers could be prejudicial to their clients, five  members of a 
family who have pleaded guilty to  producing marijuana in the homes 
in 2004, the lawyers  say.

For example, an income tax return for Chien Khac  Nguyen, 39, the 
owner of 4 Wyandotte Ct., showed he  earned $22,964 in 2002.

Another document shows he bought the Wyandotte Court  home in 
September 2003 for $208,000.

Other papers indicate he came to Canada in July 2001  and that he 
also bought a property in Coquitlam, B.C.

His lawyer, Brennan Smart, said the federal prosecutor  likely wants 
this evidence introduced so he can argue  that Nguyen shouldn't have 
been able to afford two  properties on such an income.

Federal prosecutor Mike O'Malley will probably argue  that Nguyen 
must have been engaged in illicit activity  to bring in such an 
income, Smart said.

Whether Nguyen owned a house in British Columbia has no  bearing on 
this case, Smart argued yesterday before  Justice Gary Hearn.

Hearn is hearing arguments on whether the homes should  be forfeited 
before sentencing the five people. Defence  lawyers have agreed some 
forfeiture is valid, but say  having to give up all the homes would 
be disproportionate to the crime.

The five Kitchener homes are at 4 Wyandotte Ct.., 2  Corfield Ave., 
117 Oneida Pl. and 312 Briarfield St.  Pot grows were found in all 
the basements of all the  homes. Police seized more than 500 plants 
from the  homes.

At the time of the arrests, children lived with their  parents in the 
Briarfield and Wyandotte homes. Three  children now live on Wyandotte Court.

Also convicted are Huyen Le Thi Vu, Nam Thi Dinh, Que  Kim Thi Nguyen 
and Cuong Khac Nguyen.
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