The Abbotsford Police Department seized a large quantity of drugs and cash during a bust on Nov. 23. (Abbotsford Police Department photo)

Judge rules against throwing out charges in case where cop stuffed cash in sock

Abbotsford man charged with drug offences loses bid for stay of proceedings

A man who is set to go on trial for drug charges will not have his charges thrown out, despite an Abbotsford Police officer being caught on surveillance video possibly stealing money from the man’s residence.

Judge Edna Ritchie ruled today in Abbotsford provincial court that a stay of proceedings was not warranted for Brian Vincent MacDonald, 53.

MacDonald was charged last December with eight counts of possession for the purpose of trafficking in substances that include fentanyl, carfentanil, heroin, cocaine and meth.

It was revealed during previous court proceedings that there were hidden cameras in MacDonald’s bedroom that captured police activity during a search on Nov. 23, 2017.

The footage later showed what appeared to be an officer stuffing cash found in the bedroom into his sock.

Court documents indicate that the officer testified in court that he had put the money in his sock as part of a practical joke.

The officer said he had intended to pull out the money and present it to another officer as “the real jackpot,” the documents state.

He said he changed his mind about the joke and that he left the money in the home, but he couldn’t remember where or when.

READ MORE: Abbotsford cop investigated for stuffing cash in sock

MacDonald applied to have his charges stayed on the basis that the officer had stolen the money and that it was an “abuse of process” and an “egregious breach of trust.”

But the judge said even if she were to believe that the money had been stolen, she does not feel it would affect the case against MacDonald, as evidence from that search is not being used in court, and the officer acted alone.

“I am not satisfied that a stay of proceedings is warranted as a stay would be a disproportionate response given the seriousness of the charges against Mr. MacDonald and the societal interest in having the charges dealt with,” Ritchie said.

The hearing into the matter took place over five days in April and May. MacDonald is next due to appear in court on June 19.

The officer caught on video is still under investigation, and no charges have been laid. He remains suspended from duty.

MacDonald and another man were charged after police executed search warrants on a home, storage locker and three vehicles.

READ MORE: Large drug bust yields fentanyl and carfentanil

Just Posted

Mission being challenged by growing opioid crisis

Community Opioid Dialogue will be held in Mission on Thursday, Jan. 31

Man, 24, charged with nine sexual offences in Abbotsford and Mission

Alleged victim, who he met online, is under the age of 16

Mission filmmaker tackles topic of youth and the social media epidemic

Kim Laureen teams up with her daughter to create documentary film Selfless

Mission to take a closer look at clothing donation bins

Recent deaths around the country have caused some communities to ban the bins for safety concerns

Live demos and stunt shows part of Vancouver Motorcycle Show

Annual event returns to Tradex in Abbotsford from Jan. 18 to 20

Keep focus on helping Canadians at home, Trudeau tells MPs at start of meeting

Trudeau said the Liberals will offer Canadians hope amid issue like climate change and global tensions

Crash closes Coquihalla southbound lane south of Merritt

Accident occurred approximately 26 kilometres south of Merritt

Skaters stranded in Saint John, NB, amid storm on last day of championships

More than half of the flights out of the city’s airport were cancelled due to the weather

Call for tighter bail rules after Saudi sex-crime suspect vanishes

Mohammed Zuraibi Alzoabi was facing charges related to alleged sexual assault, criminal harassment, assault and forcible confinement of a woman

12 poisoned eagles found on Vancouver Island

Improper disposal of euthanized animal suspected

Olympic softball qualifier to be held in B.C.

Tournament is to be held Aug. 25 to Sept. 1

B.C. resident creates global sport training program

The 20 hour course teaches the science and application of interval training at the university level

B.C. VIEWS: Fact-checking the NDP’s speculation tax on empty homes

Negative-option billing is still legal for governments

Most Read