Judge dismisses bid to halt grow-op trial

Lake Country man charged with producing, possessing marijuana for the purpose of trafficking

Evidence before the court is reasonably capable of supporting the inference that a Lake Country man was involved in a marijuana grow-op, a B.C. Supreme Court judge ruled.

On Jan. 24, 2012, Trevor Ronald Taylor was charged with unlawfully producing marijuana and unlawfully possessing marijuana for the purpose of trafficking.

At the conclusion of the Crown’s case, defence counsel made a noevidence application.

“The central issues that were to be addressed in this trial are whether the Crown had proven that Mr. Taylor was producing that marijuana and whether he was in constructive or joint possession of the marijuana grow operation,” wrote B.C. Supreme Court Justice Shelley Fitzpatrick in her decision on the application.

On Dec. 20, 2011, Const. Paul Rogers of the Lake Country RCMP launched an investigation into a suspected marijuana grow-op at 9818 Sonata Rd.

The residence was owned by the accused’s father-in-law, said Fitzpatrick.

The investigation involved visual surveillance of the Sonata residence between Dec. 20, 2011, and Jan. 24. 2011.

Const. Michael Taylor was part of the team that detained and arrested Taylor at his residence on Lang Court in Lake Country.

“Const. Taylor advised Mr. Taylor that he was being detained for production of marijuana and that search warrants were being executed at the Sonata residence and the Lang Court residence,” said Fitzpatrick.

Evidence before the court established Taylor had unimpeded access to the Sonata residence during the times he was seen entering it, and that he was acting as a landlord for the upper portion of the premises, said Fitzpatrick.

There is also sufficient evidence reasonably capable of supporting the inference Taylor had control of both the upper and lower portions of the Sonata residence, she wrote.

“I find that . . . the Crown has met its burden in establishing that the evidence could reasonably support that the only reasonable inference from all the circumstances is that Mr. Taylor was involved in or that he aided and abetted this marijuana grow operation, in respect of both the production and possession of the marijuana,” wrote Fitzpatrick. “Accordingly, the defence’s no-evidence application is dismissed.”