Pubdate: Sun, 20 Jan 2008
Source: Burnaby Newsleader (CN BC)
Copyright: 2008 Burnaby Newsleader
Contact:  http://www.burnabynewsleader.com/
Details: http://www.mapinc.org/media/1315
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)

BURNABY HOME SEIZED AFTER GROW-OP FOUND

The first Burnaby home seized for drug crimes will soon be sold,
following last Friday's denial of a court appeal filed by a local man
convicted of marijuana possession and production.

Burnaby resident Shu Wei Wu was arrested in late 2003 after police
discovered a grow operation in the basement of his Venables Street
home.

Early morning on Nov. 23, 2003, an anonymous caller dialed 911 from a
Burnaby mall to report an injured person at 3788 Venables St. When
officers arrived to investigate, they noticed condensation on the
windows, a highly active hydro meter, and a strong smell of marijuana.

After they entered the home, the officers began to search for the
injured person. They forced open a padlocked door to the basement,
where they found 398 marijuana plants worth about $163,000.

Although he was not present at the initial discovery of the illegal
operation, Burnaby RCMP Cst. Derek Thibodeau worked actively on the
case.

"I was the one that actually put forward the affidavit to order a
forfeit of property," he said. "This was the first one in Burnaby.
It's a lengthy and quite involved process."

Wu received two conditional nine-month sentences-one for unlawfully
producing marijuana and the other for possession of marijuana for the
purpose of trafficking. His home was forfeited as a proceed of his
crimes.

Last week, Wu appealed the sentence, stating that his rights were
breached because the officers did not have a warrant to search his
home. His appeal was denied at the Jan. 11 hearing, and the judge
declared the officers' conduct justifiable.

"It's my understanding that the property will now be sold," said
Thibodeau. "Property forfeiture is becoming more prevalent now. Why
should these people get to live in a beautiful house? It's funny
because you'll go into their homes and see their T-4 sitting there.
They're only claiming $20,000 per year, but they live in these
half-million dollar houses. We're hitting them in the pocketbook when
we take the house."

B.C.'s Civil Forfeiture Act, implemented May 2006, allots proceeds
from forfeited property to a special provincial account to fund victim
assistance, crime prevention and crime remediation.

However, since Wu was found guilty under criminal law, the province
will not see any profit from the sale of his home, valued at $547,900
by 2008 BC Assessment.

"Burnaby doesn't get a percentage," added Thibodeau. "If they did, our
drug section would increase ten-fold. Any outstanding debts will get
paid first from the proceeds of the home. Then anything left over goes
to Her Majesty the Queen. Essentially, it goes to the federal coffers."

Thibodeau said he hopes the forfeiture will act as a deterrent for
other grow operations.

"It's really dangerous to have marijuana grow-ops. It's not a
mom-and-pop operation when you have 400 plants. People are breaking
into the wrong houses. We're finding firearms and booby traps. And
there's always the risk of fires," he said.

"They're also using chemicals to keep the plants happy and healthy,
but they're discarding these chemicals down the sink. They have a
complete disregard for the environment. I really hope they come out
with a minimal sentencing. I hope it sends a strong message."
- ---
MAP posted-by: Richard Lake