Pubdate: Wed, 05 Dec 2012 Source: Prince George Citizen (CN BC) Copyright: 2012 Prince George Citizen Contact: http://www.princegeorgecitizen.com/ Details: http://www.mapinc.org/media/350 Author: Mark Nielsen Page: 3 JUDGE FINDS SEARCH WARRANT WAS FOR WRONG CRIME A case against a Lower Mainland man accused of running a large marijuana grow operation on the outskirts of Prince George suffered a blow Tuesday when a provincial court judge threw out evidence obtained under a search warrant. Judge Victor Galbraith ruled the search warrant invalid because it was obtained under an allegation of theft of telecommunication service while the actual charge should have been theft of electricity. Although both offences are under the same section of the Criminal Code, and headed with the term "theft of telecommunication service" it's broken into subsections for two distinct offences - one related to electricity or gas and the other to telecommunications. Galbraith said he found the information police provided to the justice of the peace to obtain the warrant spoke only to alleged theft of electricity while the warrant's stated purpose is for investigating the alleged theft of telecommunication services. "A person whose premises are searched are entitled to be informed by the warrant of the purpose of the search," Galbraith said. "Here, the warrant misinforms as to the reason for the search." In making his decision, Galbraith dismissed the Crown prosecutor's argument that the warrant remained valid when considered in its entirety, finding that only holds if the description of the offence was merely vague and a review of the items searched might provide clarity. "But here, there is no vagueness to be clarified," Galbraith said. "The description of the offence is clear as it is stated to be for the theft of telecommunication service. I therefore find that a review of the entirety of the warrant does not assist the Crown and for the foregoing reasons I find the warrant to be invalid." Precisely what the ruling means for the case remains unclear but a trial that began Oct. 12 remains scheduled to continue on Jan. 7. Federal Crown counsel spokesman Dan Brien declined to comment Tuesday. In addition to the charge of theft of communications, Minh Van Vu, 49, has also been charged with production of a controlled substance and possession for the purpose of trafficking in relation to the Sept. 25, 2010 raid of a 11000 block Christopher Road home near Miworth. Police have said 1,500 plants with an estimated street value of $560,000 were seized and a hydro bypass was uncovered. - --- MAP posted-by: Jay Bergstrom