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Appeal over 'tainted' evidence denied: Court of Appeal

January 09, 2014 - 5:37 PM

KAMLOOPS -  A man caught with over 19 pounds of marijuana in 2010 has lost an appeal after claiming his rights were violated during the police search of his home.

David Michael Galbiati was convicted of possession of marijuana for the purpose of trafficking and unsafely storing firearms after a decision in Kamloops provincial court in 2012.

“The trial judge had not been shown to have erred,” the court of appeal decision states. “The evidence admitted had been obtained by means of a valid search warrant.”

During the search on June 2, 2010 police found a pair of concealed rooms that had previously housed a grow operation along with 19.1 pounds of marijuana ready for sale. They also seized 28 firearms and ammunition unsafely stored throughout the home.

Galbiati appealed his convictions on the basis all the evidence was ‘tainted’ when Kamloops RCMP prompted an investigation into proceeds of crime during the search for the grow-op. Police promptly seized various other property belonging to Galbiati, however they did not obtain the separate search warrant necessary for the new investigation.

Galbiati wanted evidence from both investigations tossed out under section 24 of the Charter of Rights and Freedoms that excludes evidence infringing on rights of Canadians. However, the trial judge ruled the evidence did not lead to any proceeds of crime charges and classified the investigations as separate. The trial judge also ruled that the evidence was necessary in the administration of justice.

Galbiati appealed the decision, but it was denied on Jan. 8.

“I find it difficult to disagree with the trial judge’s conclusion that it would bring the administration of justice into disrepute if the evidence relating to the two charges were excluded,” the decision states. “Society has an interest in having the charges adjudicated.”

To contact a reporter for this story, email:, call: (250) 319-7494 or tweet: @jess__wallace.

News from © InfoTel News Ltd, 2014
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