Court denies appeal over ‘massive’ Mission grow-op

Total of 1,152 plants were found in rural home in 2012.

Court denies appeal over ‘massive’ Mission grow-op

The B.C. Court of Appeal has upheld the conviction of a man found guilty of marijuana production and trafficking in connection with a “massive” grow operation found in Mission in 2012.

Ylber Tahirsylaj had been arrested at the grow-op, in a rural area of Mission, after members of the Emergency Response Team for the Lower Mainland executed a search warrant and found 1,152 plants in three rooms in an outbuilding next to a home on the property. Police also found a hydro bypass.

In 2013, Tahirsylaj was found guilty of production of marijuana, possession for the purpose of trafficking, and fraudulent consumption of electricity, but he appealed his conviction, arguing that Crown had not proved their case beyond a reasonable doubt.

Before executing the search warrant, a police officer had observed Tahirsylaj walking a dog on the property, and entering and leaving the outbuilding where the grow-op was discovered. He was also seen yelling at a young girl in a manner the officer interpreted was meant to send the girl away from the outbuilding.

Tahirsylaj did not live at the home, but his brother was also seen emerging from the house to help him wash a rug taken from the house.

Later, officers found a fingerprint belonging to Tahirsylaj on a BC Hydro electric meter that had been disconnected and stashed under an old towel inside the outbuilding. Police found an unregistered stolen meter had been attached to a pole.

The trial judge said he was “satisfied that the accused had knowledge of the grow operation. One would have knowledge when one is inside of that building; it is a massive grow operation.”

He said the observed actions of Tahirsylaj on the property are consistent with someone with control of the operation. Tahirsylaj appealed, saying that the verdicts were “unreasonable and not supported by the evidence.”

But the three justices who heard the appeal all disagreed.

In her published reasons, Justice Elizabeth Bennett said that “while the evidence is not overwhelming, the whole of the evidence is sufficient to found each of the verdicts in this case.” She continued: “the role of this Court is not to reweigh and reassess the evidence… Rather, our role is to determine whether the conclusion of the trial judge went beyond the ‘limit of reasonableness’ defined by the evidence. In my respectful opinion, it did not.”

Just Posted

Migrating sockeye in the Fraser River August 7, 2007. (Fisheries and Oceans Canada)
First Nations, commercial, and recreational harvesters join forces to save Fraser River fish

‘We have to work together to rebuild these stocks while there is still time,’ says delegate

web
Father’s Day Parade planned for Mission

Classic vehicles from the 1920s to the 1970s will drive through Mission, Hatzic on June 20

Vancouver courthouse. (Photo: Tom Zytaruk)
Man loses bid to appeal conviction for 1999 rape at Abbotsford music festival

James Redden, 53, formerly of Nanaimo, was found guilty in 2019 following six-day trial

.
Fraser Health monitors long-term care vaccination rates amid local COVID-19 outbreak

COVID-19 transmission has largely been on the decline in Agassiz-Harrison

FVRD surveyed public opinion on cannabis production and processing in the electoral areas. Odour and distance from residential areas were the top concerns. (Black Press file)
Cannabis production and processing rules being drafted by Fraser Valley Regional District

Data from public opinion survey will be used to guide cannabis-related land use

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

(pixabay file shot)
B.C. ombudsperson labels youth confinement in jail ‘unsafe,’ calls for changes

Review states a maximum of 22 hours for youth, aged 12 from to 17, to be placed in solitary

Eleonore Alamillo-Laberge, 6, reads a book in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick
Parents will need to fight ‘COVID learning slump’ over summer: B.C. literacy experts

Parents who play an active role in educating their children this summer can reverse the slump by nearly 80%, says Janet Mort

The border crossing on Highway 11 in Abbotsford heading south (file)
Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

The B.C. government’s vaccine booking website is busy processing second-dose appointments, with more than 76 per cent of adults having received a first dose. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 infections, hospitalizations stable for Tuesday

108 new confirmed cases, 139 in hospital, 39 in intensive care

A worker, at left, tends to a customer at a cosmetics shop amid the COVID-19 pandemic Thursday, May 20, 2021, in Los Angeles. (AP Photo/Marcio Jose Sanchez)
Half of cosmetics sold in Canada, U.S. contain toxic chemicals: study

Researchers tested more than 230 commonly used cosmetics and found that 56% of foundations and eye products, 48% of lip products and 47% of mascaras contained high levels of fluorine

White Rock’s Marine Drive has been converted to one-way traffic to allow more patio space for waterfront restaurants. (Peace Arch News)
Province promotes permanent pub patios in B.C. post-pandemic plan

More than 2,000 temporary expansions from COVID-19 rules

Lake City Secondary School Williams Lake campus students Ethan Reid, from left, Brenden Higgins, Ty Oviatt, Kaleb Alphonse, Nathan Kendrick and Landon Brink with RCMP officers Const. Nicoll and Const. Stancec. (Photo submitted)
RCMP thank 6 teens for helping prevent forest fire in Williams Lake

The students came across fire in a wooded area and used the water they had to try and extinguish the flames

Most Read