FATHER FAILS IN BID TO KEEP HOME THAT HOUSED FAMILY, 600 POT PLANTS

A father of four has failed in his court bid to try to keep his home
that was used for a large-scale marijuana-growing operation.

A B.C. Court of Appeal panel on Friday dismissed the appeal of Cuc Van
Bui, the registered owner of the house in Nanaimo, where RCMP executed
a search warrant on Sept. 3, 2003, finding more than 600 plants.

Bui and his wife, Thu Thi Tran, were convicted of production of
marijuana, possession of marijuana for the purpose of trafficking, and
theft of electricity.

The trial judge, B.C. Supreme Court Justice Ross Lander, imposed
12-month conditional sentences on Bui and Tran and granted the Crown's
application for an order forfeiting Bui's entire interest in the property.

Bui appealed, arguing the trial judge failed to properly consider the
impact the forfeiture would have on his children and argued partial
forfeiture would be more appropriate.

But Appeal Court Justice David Frankel disagreed, concluding "it
cannot be said that full forfeiture of the Montgomery Way property is
disproportionate to the nature and scope of the drug-related criminal
activity engaged in by Mr. Bui and the means by which he did so. I
would, therefore, affirm the trial judge's order."

Police found the upper floors of the two-level home were occupied as
the residence of Bui, his wife, and four children.

At the time of the raid, Bui and Tran were located in the crawl space
tending a 625-plant marijuana-growing operation. Access to the crawl
space was through a trap door in a closet in the master bedroom.

The crawl space was divided into three separate rooms, each devoted to
a different stage in the cultivation of marijuana plants.

A ventilation system with a series of fans and a number of filters was
used to mask the odour of the plants. The air was vented through the
fireplace on the main floor and through a closet on the upper level.

There was a bypass to steal electricity that had been in use for a
least a year before the police discovered the operation. Bui later
paid BC Hydro $14,000 for the stolen electricity.

Police estimated the operation produced three full crops a year with
potential annual revenue of up to $991,000.

The full judgment is online at:
http://www.courts.gov.bc.ca/jdb-txt/CA/10/02/2010BCCA0279.htm