Pubdate: Sat, 28 Apr 2007 Source: Abbotsford News (CN BC) Copyright: 2007 Abbotsford News Contact: http://www.abbynews.com/ Details: http://www.mapinc.org/media/1155 Author: Rochelle Baker GROW-OP COUPLE LOSE APPEAL, HOME SEIZED A couple who appealed the seizure of their Abbotsford home after they used it for a marijuana grow operation have lost their case. The B.C. Court of Appeal decision this week concluded the original sentencing judge didn't err in ordering the forfeiture of the couple's property, and their appeal was dismissed. In October 2005, Judge Jill Rounthwaite ordered the house - owned by Khai Thoi Huynh and Muoi Suu Ta who previously pleaded guilty to the production of marijuana - to be forfeited to Crown counsel. Her decision marked the first time an Abbotsford building used as a grow-op was forfeited to the Crown as offence-related property. The house, located at 35728 St. Andrew's Court, near Ledgeview Golf Course, was the subject of an Abbotsford Police search warrant March 24, 2004. Inside, officers found a three-stage marijuana growing operation, including 679 plants. The couple, who paid restitution for electrical theft through a hydro bypass, appealed Rounthwaite's decision on the basis the impact of the order was disproportionate to the crime. They also challenged her finding the house wasn't their principle residence. In a written decision B.C. Court of Appeal Justice Catherine Anne Ryan agreed with the sentencing judge assessment that the grow operation was a large-scale, on-going, moderately sophisticated enterprise with over 600 plants in the basement of a 4,000 square foot home. And the business likely produced $195,000 to $240,000 a year a profit which would outweigh the equity of the home. The couple had no criminal records, but offered no other evidence to demonstrate the impact of forfeiture would be disproportionate to the offence. Ryan also found Rounthwaite's conclusion that the house was not the principle residence of the couple and their two children's was reasonable, and there was no evidence the seizure would impact innocent family members. - --- MAP posted-by: Elaine