Pubdate: Tue, 17 Dec 2013
Source: Telegram, The (CN NF)
Copyright: 2013 The Telegram
Contact:  http://www.thetelegram.com/
Details: http://www.mapinc.org/media/303
Author: Rosie Gillingham

PROVINCE'S TOP COURT ORDERS POLICE TO GIVE BACK B.C. MAN'S MONEY

Panel denies Crown's application to have $6,500 held until drug case appeal

The Crown's attempt to allow police to keep money and the passport of 
a British Columbia man who had been arrested on drug charges has been denied.

In a decision handed down recently in St. John's, the Newfoundland 
and Labrador Court of Appeal has ordered that police give back all 
Julian Strongitharm's property, including his wallet, passport and 
$6,500, which had been seized from his knapsack.

Strongitharm had been arrested and charged with trafficking cocaine 
in 2010 during the undercover RCMP and RNC drug investigation known 
as Operation Razorback.

Police seized drugs and cash in the bust, which revealed that 
millions of dollars in cocaine and marijuana were being trafficked 
coast to coast.

However, following a trial earlier this year, Strongitharm was 
acquitted, and after an application was filed, the judge ordered that 
his property be returned to him. The judge concluded there was no 
reason to believe they were not his.

The Crown appealed both the property order and the verdict. In the 
application regarding the property, the Crown wanted the seized items 
to be held until the appeal verdict was rendered.

Strongitharm - who was represented by John Lavers and Laura Brazil - 
filed an application, asking to have the items, more importantly the 
money, returned to him to help cover his legal costs, which continue 
to mount as a result of the Crown's appeal.

Prosecutor Andrew Brown had argued that if the appeal regarding the 
verdict is successful and a new trial ordered, it would be more 
difficult to get a fine imposed, rather that a forfeiture order.

However, in a written decision released Monday, Chief Justice J. 
Derek Green said the Crown failed to show it would suffer 
"irreparable harm if the stay is not granted." He said most of the 
inconvenience would be on Strongitharm.

"He will suffer a clear and quantifiable harm if he is further 
deprived of his money," Green said in the decision.

Green said if he was to grant a stay, Strongitharm could have been 
deprived of it for a long time. He said although the appeal was filed 
4 1/2 months ago, the transcript of the trial evidence has not yet 
been prepared. He said the court has been advised that it's not 
likely to be completed until Feb. 15, 2014. He said the earliest the 
appeal could be heard would be May 2014.

"In my view, the balance of inconvenience favours Mr. Strongitharm," 
Green said.

Justice Gale Welsh agreed with Green's conclusion. Justice Lois Hoegg 
had a dissenting opinion.
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MAP posted-by: Jay Bergstrom