Whitehorse Daily Star

Twin brother testifies at drug trial

Fingerprints belonging to a man accused of drug trafficking in Whitehorse were found on a plastic bag containing a kilogram of cocaine.

By Rhiannon Russell on September 2, 2015

Fingerprints belonging to a man accused of drug trafficking in Whitehorse were found on a plastic bag containing a kilogram of cocaine.

But Crown and defence lawyers dispute how the prints could have landed there.

Kuntoniah Graham, 34, is charged with trafficking and possession of cocaine for the purpose of trafficking in the summer of 2013.

His trial is ongoing this week in Yukon Supreme Court before Justice Randall Wong.

Graham’s lawyer, David Tarnow, and Crown prosecutor Eric Marcoux submitted an agreed statement of facts at the start of Tuesday’s proceedings.

They agreed that two fingerprints found on the white Petro Canada bag belong to Graham and that there is no way to tell how long fingerprints have been on a surface.

The brick of cocaine was retrieved by a police agent from a stove drawer in the kitchen of a Porter Creek home on Aug. 30, 2013.

It was covered in vacuum-sealed packaging and tape, inside a plastic bag that was then inside a brown paper Super A bag, Const. Scott Carr testified earlier this week.

As the only witness for the defence, Graham’s twin brother, Kouciah Graham, testified yesterday.

He said that there were often barbecues held at the Redwood Street home and people would stop at the nearby Super A to pick up food.

He also mentioned the two Petro-Canada convenience stores in town.

Tarnow asked him how people would bring their food over to the house.

“In plastic bags,” Kouciah replied.

The police agent, a former drug dealer now in the Witness Protection Program, testified earlier this week that when he went to the house that day to pick up the cocaine, Kuntoniah was in the front yard working on a quad.

They went inside, and the agent asked where the cocaine was. Kuntoniah pointed to the stove, the agent told the court.

He picked up the paper bag and drove back to the RCMP’s safe house.

The agent’s identity is protected by a publication ban.

Police officers have also testified this week about the investigation, called Project Monolith.

Several men were arrested in 2013 in connection with cocaine trafficking between British Columbia and the Yukon.

Cpl. Lindsay Ellis was the case’s primary investigator. She was also part of the surveillance team on Aug. 30, 2013.

Ellis told the court she was surprised to see a blue Volkswagen Jetta parked in front of the home that day – no one was supposed to be there when the police agent came by to pick up the cocaine.

Ellis said the car was “remarkable” to her in that it had heavily tinted windows and she’d only ever seen one similar car – with minimally tinted windows – around Whitehorse before.

She had also seen Kuntoniah getting in and out of the car with the tinted windows a few times before.

Driving by the house that day, Ellis could see a man reaching into the car but she couldn’t identify him.

She then parked further down the street and walked to the house to take a closer look.

“You didn’t pull out your handy-dandy police iPhone and take any pictures, did you?” Tarnow asked her.

Ellis said there wasn’t time – by this point, the agent had already come out of the house and was pulling out of the driveway in his pickup truck.

She said she did not see a quad in the front yard.

Kouciah Graham testified that the Jetta belonged to a friend of his, but he often drove it. His brother would sometimes ride as a passenger, he said.

He said he couldn’t remember if he or his brother was at the Redwood Street home on Aug. 30, 2013.

When questioned by Marcoux, Kouciah said he never talked to his brother about the drug charges he faces or the evidence in the case.

The lawyers made their closing arguments this morning.

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