COUPLE LOSE HOME IN GROW-OP CASE

A couple lost their Abbotsford home that was used as a grow operation
after a provincial court judge ordered the house be forfeited to Crown
counsel.

The decision, made by Judge Jill Rounthwaite on Thursday, marks the
first time an Abbotsford building used for a grow operation has been
seized.

The house, located at 35728 St. Andrew's Court, near Ledgeview Golf
Course, was the subject of a search warrant by Abbotsford Police on
March 24, 2004.

Inside, officers found a three-stage marijuana growing operation,
including 679 plants.

The registered owners, Khai Thoi Huynh and Muoi Suu Ta, have pleaded
guilty to production of marijuana and have paid restitution for the
theft of electricity through a hydro bypass, Rounthwaite said in her
decision.

However, in dispute was whether the house should be forfeited to the
Crown as offence-related property.

"Neither of the accused have any criminal record. Nor have they,
however, led any evidence to explain their involvement in this serious
drug offence, other than profit motivation and greed," said
Rounthwaite. "This was a large, moderately sophisticated, commercial
operation, operating on an ongoing basis for a considerable period of
time.

"The most conservative estimate of its value, $195,000, would have
provided a profit which far outweighs the equity the accused have in
the home. This evidence persuades me that forfeiture would in fact be
proportionate to the offence; indeed, a form of partial restitution of
criminal gain."

Rounthwaite concluded the operation had being ongoing for about a
year, shortly after the home was purchased. According to expert
evidence, this operation would harvest approximately 100 plants each
month.

Using a conservative estimate of two ounces of bud per plant, sold at
$1,300 per pound, the annual income would be $195,000. With a
"realistic" estimate of two and a half ounces, the income would
increase to $243,750 and beyond.

As well, she concluded the home was not the family's principal
residence and noted there was no evidence of the impact the forfeiture
would have on any innocent family members.