Accused drug trafficker fails to convince judge

KELOWNA — A Penticton woman accused of drug trafficking after police raided her home in 2016 has been found guilty.

Jennifer Montgomery, 31, was charged with possession of methamphetamine for the purpose of trafficking, possession of a mix of heroin and fentanyl and possession of hydromorphone. She was found guilty of all counts Wednesday. “The evidence of possession is overwhelming,” Justice Gary Weatherill said in a Kelowna court Wednesday.

Weatherill said he was also satisfied beyond a reasonable doubt Montgomery was conducting an illegal drug trafficking operation, based on expert evidence by a police officer.

In the trial, Montgomery denied involvement with a safe containing multiple grams of meth found in her home.

“Having heard and watched the accused testify, I do not believe much of what she said,” he said.

Montgomery’s trial began Jan. 10 in Penticton, but went past the initial three-day estimate with Montgomery’s defence counsel, Michael Patterson, challenging the search of two different cellphones by police in voir dires — a trial within a trial to determine the admissibility of evidence.

The police search of Natasha Clifton's phone after she left Montgomery's house on June 22, 2016, was deemed appropriate by Weatherill.

After arguments over the search of Montgomery's phone, seized during the raid of her home on the same day, court heard police searched the phone on at least two occasions outside of the 48-hour window granted by the warrant.

However, before Weatherill made a decision, the evidence was withdrawn by Crown counsel Ginger Holmes.

The final two days of the trial were moved to Kelowna, where Weatherill found Montgomery guilty.

Montgomery is scheduled to appear in Penticton court April 30 to fix a date for sentencing.

She is currently out on bail.