Pubdate: Sat, 15 Jun 2013
Source: Calgary Sun, The (CN AB)
Copyright: 2013 The Calgary Sun
Contact: http://www.calgarysun.com/letter-to-editor
Website: http://www.calgarysun.com/
Details: http://www.mapinc.org/media/67
Author: Kevin Martin
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

POT-GROWING SENIOR LOSES HOME

The Calgary senior busted for keeping a marijuana grow operation in 
her basement must forfeit her home, a judge ruled Friday.

Justice Carolyn Phillips dismissed claims by Heng Kiet Kouch, 66, 
that the 128-plant operation for which she was handed a conditional 
sentence, belonged to former tenants. The senior's home was raided 
July 14, 2010.

Defence counsel Alain Hepner had asked Phillips to deny an 
application for forfeiture of Kouch's Applewood home by department of 
justice lawyer Cynthia Hykaway.

But Phillips agreed with Hykaway that the home was an integral 
instrument in the crime for which Kouch was convicted.

Kouch was handed a one year community term - which included four 
months of house arrest - after pleading guilty to cultivation.

The pensioner testified she had allowed two men, named Lien and Tuan, 
to rent the basement in March, 2010 after being introduced to them by 
a woman known only as Miss Four.

But Phillips rejected her evidence, finding that Kouch stood to profit greatly.

Hepner had argued forfeiture would amount to punishing the senior a 
second time.

"Forfeiture in this case does not amount to punishment," she said, 
ordering the home, valued around $169,000, turned over to the Crown.

Kouch, her 89-year-old mother and daughter and her two children, have 
three months to vacate.
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MAP posted-by: Jay Bergstrom