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Weed case will proceed - Judge rules warrants used for searches were valid
By: Patricia Brooks Arenburg, Chronicle Herald (CN NS), 12-31-06

A Halifax County man caught with three suitcases full of marijuana at Halifax International Airport has lost a bid to toss out his case.

Nova Scotia Supreme Court Justice Walter Goodfellow ruled this week that warrants used to search Paul Kenneth Creelman's luggage, truck and home will stand.

"The failure to admit the evidence would, in the view of the court, bring the administration of justice into disrepute," the judge wrote.

Mr. Creelman, 41, of Antrim, was being tried in November on one count of possessing marijuana for trafficking when his lawyer, Warren Zimmer challenged the validity of the warrants.

He argued that the information used to obtain the luggage warrant was incomplete and misleading, and the subsequent warrants for Mr. Creelman's truck and home were also tainted.

Justice Goodfellow did have concerns about the investigative process, saying Const. Mike Sanford, who drafted the luggage warrant, could have been more clear when discussing Mr. Creelman's travel records and that he failed to back up his claim of extensive surveillance on Mr. Creelman prior to the seizure. But the judge ruled there were no grounds to quash the warrant.

"Acknowledging in some areas there are weaknesses and a preference for a somewhat higher standard, nevertheless . . . it is clear that there is more than ample (evidence) before the issuing authority Judge (William) Digby, upon which he could conclude reasonable and probable grounds exist," Justice Goodfellow wrote.

The judge also ruled Mr. Creelman's charter rights were not violated when, after speaking twice to a lawyer, his third request was denied.

Police told the court they refused because they were concerned about jeopardizing their search of Mr. Creelman's home, which had not yet been conducted.

"The police have a legitimate concern that the call, even if it is made to a lawyer, does not preclude a communication to a relative, friend, et cetera, of the accused," Justice Goodfellow wrote. "That person might well be an accomplice who would, by receiving knowledge of the arrest, have an opportunity to interfere with the investigative search process."

Mr. Creelman, nicknamed Creepy, was arrested Feb. 6, 2003 by Halifax Regional Police in the airport parking lot after officers, acting on the luggage warrant, opened his suitcase in the baggage-handling area and found marijuana in vacuum-packed bags.

Police also seized three suitcases from his truck containing 28.3 kilograms of marijuana worth up to $600,000.

A subsequent search of his home at 188 Moores Rd. uncovered $9,000 tucked behind a microwave oven, a small baggie of marijuana, hydroponic growing information and a set of scales.

In 1998, he was convicted of possessing the proceeds of crime and fined $15,000. The charges stemmed from an RCMP investigation into a marijuana-growing operation. Drug charges filed against Mr. Creelman in the case were dropped.

Mr. Creelman's trial continues Jan. 9 before Justice Goodfellow.

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