Pubdate: Tue, 21 Jun 2011 Source: Cape Breton Post (CN NS) Copyright: 2011 Cape Breton Post Contact: http://www.capebretonpost.com/ Details: http://www.mapinc.org/media/777 Author: Nancy King CIVIL FORFEITURE ACT PASSES FIRST TEST Supreme Court Justice Says Province Can Hold on to Money Seized In Sydney Mines Drug Raid SYDNEY -- A Nova Scotia Supreme Court justice has granted an interim order forfeiting money seized in a Sydney Mines drug raid to the province, in the first use of Nova Scotia's Civil Forfeiture Act. Following a hearing Monday, Justice Cindy Bourgeois ruled that the order requested by the province's manager of civil forfeitures met the tests set out by the act, which came into effect in April. The province is looking to seize the $5,725 that was seized in a drug raid in Sydney Mines on Feb. 18. John Joseph Reynolds, 36, of Young Street is charged with two counts of marijuana possession. Bourgeois issued the order even though the charges against Reynolds, a single father of three, are expected to be withdrawn when he appears in Sydney provincial court today. Department of Justice lawyer Sanaz Gerami appeared in court on behalf of Henry Sample, the manager of the province's civil forfeiture office. Gerami argued the money was the proceeds of and an instrument of crime. "Of course being deprived of funds may very well lead to financial hardship for Mr. Reynolds, but such would be the case for many people." Bourgeois said. "I have heard nothing today that would establish that an interim forfeiture in this instance would not be in the interest of justice." On Feb. 18, the Cape Breton Regional Police drug section raided Reynolds' home. They seized nine grams of marijuana and five grams of hashish, which were was packaged in individual baggies. Inside the master bathroom, police found the cash hidden in a ceiling fan, while dextrose, which is commonly used to cut cocaine, was found in the master bedroom, Bourgeois noted. The drugs and six cellphones containing photos of drugs and text messages from people seeking drugs were discovered elsewhere in the house. Bourgeois ordered that the Cape Breton Regional Police Service turn the money over to the manager immediately. The money will be retained until a final decision is made by the court. In order to get the money back, Reynolds will have to prove he didn't earn it by selling drugs. "They should have to prove that it's drug money, not me have to prove that it's (from) work," he said, adding he doesn't think it's right that the cash can be forfeited when he hasn't been convicted on the allegations. Reynolds, who represented himself, told the court that he initially agreed to accept responsibility for the drugs to protect someone else. That person subsequently pleaded guilty to drug trafficking charges in connection with the same raid. The only evidence Reynolds provided to the court were two receipts he said showed income earned installing drywall and working aboard a crab boat, and a T-4 slip. Bourgeois said Reynolds did not swear an affidavit, and told him he would be well-advised to hire a lawyer. "I'm not the smartest person in the world, I'm not a lawyer," Reynolds told Bourgeois. Reynolds, who was served of the notice of motion on June 9, told reporters he had no time to prepare for the hearing. Bourgeois had said that Reynolds did not request an adjournment. "I would have got a lawyer and everything, got it done right," he said. He denied any drug selling is taking place at his home. Reynolds said he may try to fight the permanent forfeiture of the money "if it doesn't cost me too much." - --- MAP posted-by: Richard R Smith Jr.