DEFENCE TRIES TO STOP FORFEITURE OF FAMILY'S HOMES

Lawyers fighting a government bid to seize four Kitchener homes used
for marijuana grows want a judge to ignore some documents found in
one of the homes.

The papers could be prejudicial to their clients, five members of a
family who have pleaded guilty to producing marijuana in the homes
in 2004, the lawyers say.

For example, an income tax return for Chien Khac Nguyen, 39, the
owner of 4 Wyandotte Ct., showed he earned $22,964 in 2002.

Another document shows he bought the Wyandotte Court home in
September 2003 for $208,000.

Other papers indicate he came to Canada in July 2001 and that he
also bought a property in Coquitlam, B.C.

His lawyer, Brennan Smart, said the federal prosecutor likely wants
this evidence introduced so he can argue that Nguyen shouldn't have
been able to afford two properties on such an income.

Federal prosecutor Mike O'Malley will probably argue that Nguyen
must have been engaged in illicit activity to bring in such an
income, Smart said.

Whether Nguyen owned a house in British Columbia has no bearing on
this case, Smart argued yesterday before Justice Gary Hearn.

Hearn is hearing arguments on whether the homes should be forfeited
before sentencing the five people. Defence lawyers have agreed some
forfeiture is valid, but say having to give up all the homes would
be disproportionate to the crime.

The five Kitchener homes are at 4 Wyandotte Ct.., 2 Corfield Ave.,
117 Oneida Pl. and 312 Briarfield St. Pot grows were found in all
the basements of all the homes. Police seized more than 500 plants
from the homes.

At the time of the arrests, children lived with their parents in the
Briarfield and Wyandotte homes. Three children now live on Wyandotte Court.

Also convicted are Huyen Le Thi Vu, Nam Thi Dinh, Que Kim Thi Nguyen
and Cuong Khac Nguyen.