Whitehorse Daily Star

Front' for marijuana grow operation banished to cells

A man described in territorial court Thursday afternoon as a 'front' for a local marijuana grow operation at 86 Falcon Dr. in Whitehorse has been sentenced to a year in jail.

By Whitehorse Star on May 24, 2007

A man described in territorial court Thursday afternoon as a 'front' for a local marijuana grow operation at 86 Falcon Dr. in Whitehorse has been sentenced to a year in jail.

Judge Karen Ruddy handed down the term to Kwok Cheung after Crown prosecutor Noel Sinclair brought it forward as a joint submission with defence lawyer Gord Coffin.

In agreeing to the sentence, Ruddy stressed the introduction of the grow operation in a relatively small northern community as an aggravating factor.

Another 17 charges six of possession for trafficking, six of stealing electricity and another five of production were stayed.

The court heard that in July and August 2005, the RCMP started investigating suspected grow operations around the city.

By September, suspicious activity was noticed at 86 Falcon Dr. with three vehicles seen at other suspected grow operations, at the property on a number of occasions.

There were no signs, though, of the house being occupied, Sinclair said.

As police continued their investigation, it was learned the electrical use at the house was significant. As well, an infrared device showed more heat coming from the lower level of the house, Sinclair said in presenting the agreed statement of facts.

Cheung was listed as the electrical subscriber to the property.

When police executed a search warrant on the property on Sept. 26, the grow operation was discovered, with much of it being based out of the basement.

The main floor of the house wasn't furnished with the exceptions of two mattress and a television set. Inside the house, 744 marijuana plants were seized along with equipment which included electrical timers, a water pump, fans, air filter and soil fertilizer, Sinclair told the court.

The plants, which were grown in three stages, were valued at between $347,500 if sold by the pound and $558,000 if sold by the ounce, the facts noted.

The house had been purchased in June, then rented out with Cheung holding the lease.

As Coffin noted, however, his client had little to do with the production.

Cheung has been a Canadian citizen since 1985. Having moved from Hong Kong to Vancouver with his family in the 1970s, he had signed the lease when he was told he could stay there for free.

Cheung had come up to Whitehorse from Vancouver looking for work in a Chinese restaurant. Unable to find a job, he took up the offer to sign the lease for the house so he could stay at rent-free.

He began travelling between Whitehorse and Vancouver and hadn't been at the house for a month when the house was searched by police.

Coffin said though his client knew what was happening at the house, he wasn't doing any of the work involved in the grow operation.

'In essence, (Cheung) was put in the house as a front,' Coffin said.

In proposing the sentence of one year in jail, Sinclair noted the sentences set out for the other men convicted in the case.

Six other men faced the same charges stemming from the grow operations discovered in the city in 2005.

Crown prosecutors opted not to call evidence against Kiu Tin Yeung, Jian Xiong Zhou, Min Shan Jiang and Wei Xiong Wen after Rudddy ruled their Charter of Rights and Freedoms rights were breached during the arrests.

Guang Xian Zhu was sentenced to six months less a day in jail to be followed by 18 months' probation for the production of marijuana, while Wei Min Zhai is set to have his case heard in British Columbia.

Zhu Liang, who pleaded guilty to producing marijuana, stealing electricity and possession of cocaine, was sentenced to a year in jail last October, when the trial officially began.

Among the aggravating factors in Cheung's case was the large scale of the operation and that Cheung, while not the controlling mind of the operation, as the leaseholder was the controlling mind of the house.

Sinclair also pointed out that it represents the unwelcome proliferation of the B.C. grow industry in Whitehorse, which can bring other problems into the community as well.

The Crown prosecutor also acknowledged Cheung had no prior criminal record.

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