POT GROWERS' HOMES SEIZED

Ambulance Called To Courthouse After Grandmother Passes Out

A grandmother collapsed in a Kitchener courtroom yesterday and her
daughter sobbed for almost an hour after learning they and three
other relatives must give up three houses they used to grow marijuana.

An ambulance was called to Ontario Court for Nam Thi Dinh, 53, who
passed out after Justice Gary Hearn delivered his ruling. By the time
paramedics arrived, Dinh was sitting up and sipping water, however.

She and her daughter, Que Kim Thi Nguyen, 28, who care for children
found in the homes, were obviously devastated by the decision. It
isn't clear how soon the families will have to move, but defence
lawyers don't think it will be immediate.

Brennan Smart, the lawyer for the sobbing woman's husband, Chien Khac
Nguyen, said outside court that the Canadian government will likely
sell the three Kitchener homes. Officials will then have to present
the families with an order to vacate, he said.

Chien Khac Nguyen and his wife and two children, aged four and 2 1/2,
live in the Wyandotte Court home. His wife's mother helps care for
the children.

"They'll go somewhere," Smart said. "It's not like they're out today."

Along with forfeiting the three homes, Hearn also ordered forfeiture
of the proceeds of a fourth house family members also used for a
marijuana grow. That home, at 117 Oneida Place, was sold earlier.

The other three homes are at 4 Wyandotte Crt., 31 Briarfield St. and
2 Corfield Dr. All the accused are related by blood or marriage.

The four forfeitures are believed to be the largest number ever
ordered at once in Waterloo Region since government legislation was
changed in 2001 to make such seizures easier.

The four homes were raided on Oct. 6, 2004, after an investigation by
Waterloo regional police and Kitchener RCMP begun in October 2003.

Marijuana grows were set up in the basements of the homes. Police
seized 593 plants.

All five accused pleaded guilty in December 2005 to production of
marijuana and possession of marijuana for the purpose of trafficking.
Their sentencing has been held up while the issue of forfeiting the
houses was argued.

The family should consider the forfeitures "one of the consequences
of the cost of doing business," the judge said.

"The various accused undertook this venture jointly and in an
organized and deliberate manner. The motivation simply appears to be
greed and profit."

Although lawyers said yesterday there are still children in several
of the houses, the judge noted that no evidence about that was
provided during the forfeiture hearing.

Children were found at the Oneida Place and Corfield Drive homes at
the time of the raids.

The judge also said he had no evidence of the alleged roles of each
accused so he must consider them equally guilty. The accused didn't testify.

Law Allows Seizure

The forfeitures were made under legislation that allows such seizures
unless it can be proved it would be disproportional to the crime.

Defence lawyers agreed some forfeiture was required but not all four
homes. Each home had equity of over $70,000.

They argued that the poor health of some of the plants suggested the
accused were not running a sophisticated commercial grow operation as
suggested by the Crown. But the judge disagreed.

He based this on the equipment found in the homes and the fact that
four homes were used "to allow more product to be produced or to
avoid detection. . . ."

Three of the accused will be sentenced Feb. 7. Lawyers are asking for
suspended sentences or conditional sentences because their clients
have paid such a high price already with the forfeiture of their homes.

None of the five has a criminal record. Two of the men have held longtime jobs.

Crown prosecutor Mike O'Malley is asking for one year in jail for all five.

Craig Parry, the lawyer for the grandmother, asked for an adjournment
until he finds out where Dinh will be living.

Dinh needs to have a stable home before he can ask for a conditional
sentence, he said outside court.

The other two convicted are Cuong Khac Nguyen and his wife, Huyen Le Thi Vu.

Thi Kim Nguyen came to Canada in 1998 and sponsored her husband,
defence lawyer Matt Stanley said.

"She's back at zero," because of the forfeiture, he told the judge.

"There can't be a stronger form of denunciation than forfeiture."