IS SEIZED MONEY 'DIRTY'?

Promoter Charged In Drug Case Can't Use Cash To Pay Lawyer, Judge Rules

A Winnipeg promoter charged in a large-scale drug and proceeds of crime
operation will not be allowed to dip into $43,000 seized by police to pay
his legal fees, a judge ruled yesterday.

Bekim Zeneli, 28, claims he is broke with no assets and should be given the
money, which was seized by police last year following a lengthy investigation.

Zeneli argued the money was made legally through business ventures, which
include lining up rock bands to play in city bars and nightclubs through
his own business. He claims he operated a "cash-only" business and didn't
trust banks.

Crown attorney Anne Krahn said yesterday the bizarre legal application had
no merit on several grounds.

The money, which police say had been contaminated with cocaine, is an
exhibit to be used as evidence against Zeneli. She also questioned his
alleged financial state, noting he has been seen driving a Mercedes and
wearing a $12,000 necklace in the past year.

Zeneli claims the car was leased to a friend, and says he gave the jewelry
away, court was told. Krahn also questioned how Zeneli could go from being
profitable to penniless in such a short period, especially since he claims
to have employees working for him.

"Why can't these employees continue to generate this income that supposedly
has been generated in the past?" she said yesterday.

Zeneli was first arrested in July 2002, then released on bail. He was
re-arrested in October 2002, and remained in custody until this past
February. Zeneli was arrested a third time in March, then released weeks
later. His final arrest occurred last month.

All of his charges, which include conspiracy to traffic cocaine and
possession of proceeds of crime, have been lumped together.

Queen's Bench Justice Al MacInnes agreed yesterday with the Crown, noting
there was also evidence to suggest Zeneli has been able to find money
quickly when needed in the past. During his initial bail hearing last year,
the judge was reluctant to release him on just a $5,000 surety. Zeneli
promptly offered to pay $15,000.

In March, he was able to come up with another $5,000 to pay for a new bail
release, said MacInnes.

"There is little in the way of information...to satisfy the court as to his
lack of assets or inability to have access to the funds necessary to
support his defence," he said.

"He has to do more than just baldly asserting 'I have nothing'.
Otherwise... he is playing fast and loose with the courts."

Zeneli claims about $25,000 of the seized cash was from a recent car sale,
of which he provided no documentation. Another $7,000, found in an office
above the Kairo nightclub last year, was allegedly from recent concert
promotions, court was told.

Defence lawyer Jason Miller said yesterday the onus was on the Crown to
prove the money is "dirty."

"Nobody else has come forward to claim this money. The lawfulness is
presumed," he told the judge. He called evidence the money was tainted with
cocaine "junk science".

Legal Aid has rejected Zeneli's bid for funding, which leaves him with no
options but to pay a lawyer out of his own pocket. Without access to the
seized money, Zeneli will linger in jail without a lawyer. The money could
always be recouped by the Crown if Zeneli is convicted, Miller added.

"At the end of the day, if the Crown proves its case, the courts can impose
a fine," he said.

Following yesterday's decision, Miller said he would likely be quitting the
case, just weeks before Zeneli is set to begin a 12-day preliminary hearing.

"Counsel cannot be expected to be involved in a case of this nature without
the funds," he said. Zeneli's case will likely be adjourned while he seeks
another legal solution, or he may have to proceed now as his own lawyer,
said Miller.