Pubdate: Sat, 17 Feb 2007 Source: Chronicle Herald (CN NS) Copyright: 2007 The Halifax Herald Limited Contact: http://thechronicleherald.ca/ Details: http://www.mapinc.org/media/180 Author: Sherri Borden Colley, Staff Reporter Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) APPEAL COURT TAKES AWAY POT TRAFFICKER'S HOUSE He lost his weed and his freedom, and now a Grand Lake property owner has lost his home. The Nova Scotia Court of Appeal ruled Friday that a judge erred when he decided not to forfeit Rady Siek's home to the Crown in a marijuana cultivation case. In October 2005, Mr. Siek, formerly of Brookhill Drive, pleaded guilty to producing marijuana, possessing more than three kilograms of marijuana for the purpose of trafficking and fraudulently diverting $5,500 worth of electricity from Nova Scotia Power. In February 2006, Judge D. William MacDonald sentenced Mr. Siek, then 38, to two years in prison and ordered that certain personal property, including lights and shields, exhaust fans, electrical panels, growing nutrients and growing mix, be forfeited. Judge MacDonald dismissed the Crown's application for forfeiture of Mr. Siek's home, saying it would be disproportionate to the offence. On Dec. 7, the Crown appealed. When RCMP searched Mr. Siek's single-storey home in 2004, officers discovered a marijuana growing operation. In total, 518 plants were found. If sold by the gram, the drug could have yielded $435,000 to $870,000, an RCMP corporal said in a report to the court. The growing equipment inside the home was worth about $20,000, not counting the cost of the wiring, timers, pots, soil, nutrients and labour. At the forfeiture hearing last May, Mr. Siek testified that he was working for an airline at the Toronto airport when he came to Nova Scotia on vacation. He bought the Grand Lake property in 2004. He did not get a job transfer and continued to live and work full time in Toronto, but he travelled to Nova Scotia often. Mr. Siek told the court he did not make any money from the growing operation. He said he intended to cultivate the marijuana for six to eight months, one or two crops, and then close down. His one crop of 10 kilograms was not sold because he did not know where to sell it. He said he planned to apply the profits to the property to reduce his mortgage payments. Police seized the crop. The judge commented that Mr. Siek wasn't a sophisticated criminal, that his work history and life history indicated that he had been employed and a contributing member of Canadian society and that he used his earnings from his airline job to buy the home. Judge MacDonald also noted that Mr. Siek did not make any profit because police seized his first crop. The first-time offender also made full restitution to Nova Scotia Power. In Friday's Appeal Court decision ordering that the home be forfeited, Justices Linda Lee Oland, Elizabeth Roscoe and Jill Hamilton said the sentence imposed was not a valid consideration. "And, by overemphasizing the lack of profit and the loss of equity obtained by legal means, and by failing to consider the nature and gravity of the offence and other circumstances surrounding its commission, the judge erred," Justice Oland wrote for the court. - --- MAP posted-by: Derek