Police can hold seized ephedrine in Heavyweights case
Judge rules that mistakes by RCMP were 'not malicious,' extends order to Aug. 9
A provincial court judge has ruled that the RCMP can hold onto packages of ephedrine they seized at Canada Post for another month.
Police intercepted the packages in 2012 in connection with an investigation into Rob King and his business, Heavyweights Fitness.
According to court documents, the RCMP is probing those cross-border ephedrine shipments, along with allegations of money laundering and proceeds of crime.
No charges have been filed against King or his company.
The RCMP made procedural mistakes when they originally went looking for permission to hold onto the packages.
King’s lawyer, Averill Baker, had argued that the items should be returned as a result.
But Judge James Walsh said it's "in the interests of justice" for the RCMP to keep the packages — at least for now.
- Heavyweights warned about ephedrine sales in 2006
- Cross-border ephedrine shipments spark police probe
Walsh said the errors by police were "not malicious."
He extended the retention order until Aug. 9.
Federal Crown prosecutor Andrew Brown says police will have until then to either conclude their probe and lay charges, or return to court for another extension.
"It allows the police to continue their investigation and to proceed in a normal fashion and decide whether charges are warranted," Brown told reporters.
The decision follows a May ruling that allowed police to hold onto items seized via search warrants that were executed last fall at King's home and business locations.