Judge didn’t buy ‘those aren’t my drugs’ defence
When police discovered narcotics and a large pile of cash during a drug bust at a home in the Windsor core, the targeted resident claimed ignorance and tried to blame the drug stash on a purported tenant. But Superior Court Justice Renee Pomerance on Wednesday ruled that Wayne Joseph Fairhurst, 43, was guilty of trafficking cocaine. She said it was “odd” that a housemate would leave quantities of cocaine, Percocet pills and cannabis relatively out in the open without the landlord’s knowledge. And while there were Ontario Works cheques being mailed to Fairhurst’s “mysterious” roomie at that home in the 500 block of Oak Street, he didn’t have a bed or other signs common to a living space, the judge added. Police found 20 grams of cocaine in the house and baggies and cocaine residue on a table, as well as a weigh scale. Pomerance found Fairhurst guilty of possessing cocaine for the purpose of trafficking. Despite other trafficking charges laid by police, the judge ruled that Fairhurst was guilty only of possession of cannabis resin (14 grams); oxycodone (125 tablets) and cannabis (93 grams).
The judge said the latter drugs were “consistent with the quantity one might have for personal use.” While Fairhurst sought to disassociate himself from the illicit drugs in his house, he claimed ownership of the $11,505 in cash that police discovered and seized. It was the proceeds from selling two vehicles, he said, and the money wasn’t in the bank because a large purchase was planned. As with the drugs that were not carefully hidden away, however, Pomerance said it seemed odd that “such a large sum of money” would be left in an unlocked bedroom with another purported resident in the house.
A sentencing date will be set Friday. The prosecution is expected to seek a forfeiture order for the cash as proceeds of crime. At Fairhurst’s four-day trial in November, police had observed the purported housemate knocking on the front door to get in. During cross-examination, the accused explained that the door lock was broken.