B.C. government tried to take Kelowna home where tenants dealt drugs
A Kelowna man who was arrested in connection with drug trafficking has managed to keep his property after the province attempted to seize it.
According to a Dec. 22 B.C. Supreme Court decision, Gregory Edward Ballentine owned the Tomby Court property where two tenants lived when in February 2020, the RCMP raided the house and found large quantities of drugs.
The couple who were living at the Kelowna property at the time, Jordy Kyle Moyan and Desiree Kaylee Tamantha Kovacs, along with Ballentine were all arrested for drug trafficking.
The decision said both Moyan and Kovacs have lengthy criminal records, which include possession for the purposes of trafficking, assault and possession of a weapon for a dangerous purpose.
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It's not clear what the outcome was following the arrests or whether Ballentine and the others were charged.
During the raid, police found quantities of ketamine, heroin, cocaine, drug packaging material, scales, brass knuckles and Ballentine’s ID.
Almost 18 months later in May 2021, the RCMP began surveillance on the house "after receiving complaints relating to drug trafficking and stolen property."
The decision said Ballentine and his partner Christina Margaret Lila McArthur were both seen at the property on several occasions.
At the same time police had the house under surveillance, RCMP pulled over Moyan and found quantities of illegal drugs and two boxes of ammunition in his vehicle.
In June 2021, Kelowna RCMP raided the house for a second time and found illegal drugs, booklets containing records of transactions, a shotgun, ammunition, a taser, a crossbow and approximately $1,585 in cash.
The province then attempted to seize the property with the Director of Civil Forfeiture arguing the property was obtained with the proceeds of unlawful activity and drug trafficking.
However, Justice Palbinder Shergill didn't buy it.
Ballentine and McArthur argued they would sometimes rent rooms to people who "seemed to be down on their luck" and they were both completely unaware of illegal activities taking place in the house.
McArthur also argued the ketamine found during one of the raids was given to her by her vet for her animals.
The defendant argued he bought the house – now worth $867,000 according to B.C. Assessment – in 2014 with money he borrowed from his parents.
The argument appeared to sway the justice who pointed out that the house was bought in 2014 and the alleged criminal activity had taken place in 2020 and 2021.
Surprisingly, the province also provided no evidence the home was purchased with funds obtained illegally or that it was being used for this purpose.
"The assertion that the RCMP began investigating and conducting surveillance of the... property in May 2021 'after receiving complaints relating to drug trafficking and stolen property is not supported by any evidence,'" the Justice said.
The Justice went on to describe the province's case to seize the property as "extremely weak" saying it was built on "a non-existent evidentiary foundation."
"That the (province) could impinge so seriously on the rights of (Ballentine) without providing a shred of evidence to support the contention that the... property may be proceeds of unlawful activity or an instrument of unlawful activity, is in my view, a serious affront to the interests of justice," Justice Shergill said.
The Justice said it's "clearly not" in the interest of justice to hand the property over to the province.
With that, the case was thrown out leaving Ballentine as the owner of his house.
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