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

Giants fall in overtime to the Winterhawks

Langley-based G-Men earned a single-point in a 2-1 OT loss Saturday to Portland

Spartans clinch first place in Pacific Division with win over UBC

It was ‘a really physical battle in a crosstown rivalry’ coach says

VIDEO: G-Men seek revenge Saturday night in rematch at Langley Events Centre

Portland’s Winterhawks downed the Vancouver Giants 5-3 during a road trip down south.

UPDATE: Abbotsford murder victim was brother of slain gang leader

Mandeep Grewal gunned down Thursday, brother Gavin killed in North Van in 2017

Man who sexually assaulted teen in Abbotsford is declared dangerous offender

Anton Foulds has more than 30 convictions, dating back to 1991

Tommy Chong says cannabis legalization makes him proud to be a Canadian

Legendary marijuana advocate and comedian celebrates cultural milestone at Kelowna event

Prank pizzas delivered to B.C. mayor on election night

The fake orders happened throughout Victoria mayor’s re-election campaign

Chilliwack voters reject anti-SOGI school board candidates

Slate, including Barry Neufeld, had opposed anti-bullying LGBTQ teaching resource

MLA to become Nanaimo’s next mayor, could weaken NDP’s grasp on power

Leonard Krog’s win will trigger a byelection when he gives up his provincial seat

Horvat nets OT winner as Canucks beat Bruins 2-1

Young Vancouver star had spirited scrap earlier in contest

Team Canada gold medal winners for first time in world curling championship

Team Canada earned gold in Kelowna at the 2018 Winn Rentals World Mixed Curling Championship

3 in serious condition after altercation on Granville strip: police

Patrol officers came upon the fight just after 3 a.m. on Granville Street near Helmcken Street

B.C. passenger caught smoking weed in a car issued $230 fine

Saanich police did a field sobriety test on the driver and deemed it safe for him to drive

Pedestrian rushed to Lower Mainland hospital after being hit by car

Friday night crash is latest in rash of collisions involving pedestrians in Surrey

Most Read