Pubdate: Wed, 03 Jun 2009
Source: Surrey Leader (CN BC)
Copyright: 2009 Surrey Leader
Contact:  http://www.surreyleader.com/
Details: http://www.mapinc.org/media/1236
Copyright: 2009 Surrey Leader
Author: Kevin Diakiw
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada)

APPEAL OF SURREY HOME SEIZURE FAILS

A Surrey home seized for being a grow operation will remain in court
hands even though a similar landmark case in North Vancouver has been
overturned.

In 2003, Surrey police raided the home of 51-year-old Kien Tam Nguyen
and 45-year-old Nga Thuy Nguyen and found a marijuana grow operation.

While only their daughter was living there and there was no connection
to organized crime, the home (worth about $375,000 at the time) was
seized through civil forfeiture.

Though the crop was relatively small, it was sophisticated and the
judge found it likely that the home had been purchased solely for the
purpose of growing marijuana.

"This means that the property was tainted from the outset by criminal
purpose," an appeal court judge ruled last week.

The case had similar earmarks to a precedent-setting ruling where a
North Vancouver home was returned to the owner by an appeals court
last week.

In that case it was ruled Judy Ann Craig grew only small amounts of
marijuana and also had no links to organized crime.

In ruling on the Nguyen's appeal, the court drew on the similarities
to the Craig case, but in its decision, focused on the
differences.

"Of particular relevance, in my opinion, is (the original judge's)
observation that the Nguyens bought the house for the sole purpose of
growing marijuana," the appellate judge wrote in the May 29 finding.
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