A Kelowna man has been acquitted on four charges related to drug possession and trafficking.
John Andrew Dunn was found not guilty Jan. 6, of three charges of possession of a controlled substance with the purposes of trafficking and a fourth charge for possession for personal use.
Dunn was arrested by police Dec. 1, 2021 for driving while prohibited after exiting his vehicle and entering a business at the corner of Gordon Drive and Bernard Avenue.
Police searched Dunn following the arrest to find $880 cash and a meth pipe, prompting search of the Ford Mustang he had been driving.
A search of the vehicle found a closed Under Armour lunch bag in the passenger seat and under it a black case containing a second meth pipe. Inside the lunch bag was found to be 54.2 grams of fentanyl, 33.4 grams of cocaine, and 14.7 grams of methamphetamine. RCMP also found what an officer described to be brass knuckles in the car door pocket.
Officers collected evidence from the scene and gathered samples from each substance for testing through Health Canada.
On Dec. 2, 2024, Const. Paul Mounsey was brought to court to testify on the price and packaging of the drugs seized from the vehicle in relation to trafficking substances.
Mounsey testified that the three bags of cocaine weighed 11.6, 12 grams, and 9.8 grams were unusual amounts to be trafficked but valued up to $2,000. The amount of fentanyl seized Mounsey estimated to be valued as high as $5,000. Mounsey offered the opinion that the cocaine and fentanyl were in Dunn's possession for the purpose of trafficking while the 14.7 grams of methamphetamine was likely for personal use and valued around $200.
At the trial, Dunn testified that he had been residing with his uncle just four blocks from the business in which he was arrested. On the day of his arrest, Dunn stated he asked to borrow the Ford Mustang from another tenant. He testified he went straight to the business knowing he was prohibited from driving and did not want to spend much time on the road, thinking he could get away with a short drive.
The Kelowna resident told the court that he noticed the Under Armour lunch bag closed in the passenger seat and had no knowledge of the bag's contents while occupying the vehicle. Dunn also testified that he did not know who the drugs belonged to, but confessed to having used meth earlier in the day.
Through cross-examination, Dunn said that seven people were occupying the residence and the Ford Mustang owned by a female tenant was borrowed by multiple other tenants. Dunn claimed he was not aware there were controlled substances in the vehicle when it was in his possession.
Upon reviewing the evidence, the judge found reasonable doubt of Dunn's knowledge of the substances in the Under Armour bag, supported by Dunn's testifying that he did not know the bag's contents, that he had his personal meth pipe on him and was unaware of the second pipe in the car, that there was no evidence to link Dunn physically to other items in the vehicle, and the judge's finding that Crown failed to prove any other items in the vehicle belonged to Dunn.
Dunn was found not guilty on all charges related to drug possession and trafficking but was found guilty on the charge of driving while prohibited.
