Court denies appeal over ‘massive’ Mission grow-op

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

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

WIND WARNING: Metro Vancouver expecting 100 km/h gusts Saturday night

Environment Canada issues warns of possibly dangerous conditions

Downtown Mission: Ready to revitalize

With the bidding process underway, construction could start by mid-March

Guilty plea issued in case where man, 86, was assaulted and robbed

Hughie Stump pleads guilty to break-and-enter in relation to Abbotsford incident

Fraser Health asking taxpayers for millions more in health care capital funding

Health authority wants Fraser Valley taxpayers to triple annual contribution to $5.75 million

UPDATE: 24-year-old Lovepreet Dhaliwal ID’d as victim in targeted Abbotsford shooting

Location of shooting the same as where innocent bystander Ping Shun Ao killed in 2015


Mission Chamber announces Business Excellence Awards winners

VIDEO: Vancouver Giants blanked by Portland Winterhawks

Saturday’s 2-0 setback marks first regulation loss for G-Men in 10 games

VIDEO: Thousands join women’s march events across B.C.

Today marks one year since the first Women’s March on Washington

VIDEO: Remember the Voyageurs at Fort Langley

Two-day historical festival underway

Two Canadians, two Americans abducted in Nigeria are freed

Kidnapping for ransom is common in Nigeria, especially on the Kaduna to Abuja highway

Are you ready for some wrestling? WWE’s ‘Raw’ marks 25 years

WWE flagship show is set to mark its 25th anniversary on Monday

B.C. woman who forged husband’s will gets house arrest

Princeton Judge says Odelle Simmons did not benefit from her crime

Snow warning in effect for the Coquihalla

A snowfall warning is in effect from Hope to Merritt as slush and snow is expected on highways this weekend

Vancouver hoping free public Wi-Fi expansion will drive tourism dollars

Mayor Gregor Robertson says expansion bolsters its “leading Smart City” status

Most Read