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. - --- MAP posted-by: Jay Bergstrom