An Okanagan man who fought to overturn a conviction for drug possession had his bid dismissed by B.C.’s Court of Appeal.
On Friday, the Court published its decision regarding Elkena Michael Knauff, who was arrested in September 2017 at a parking lot “in circumstances that bore the hallmarks of a dial-a-dope operation.”
Knauff, convicted on three counts of possession for the purpose of trafficking, said the trial judge erred regarding his credibility. However, the Court of Appeal disagreed, saying the trial judge got it right.
According to court documents, Elkena Michael Knauff was arrested in a Walmart parking lot after two well-known drug-users approached the vehicle he was in.
Police said they were behaving suspiciously, and that they paced around the parking lot, eventually approaching a Ford Explorer in a secluded area.
Knauff was reportedly in the passenger seat of the vehicle, while co-accused Cheryl Aeichele was behind the wheel.
“Believing that a drug transaction was unfolding, the officers pulled their police car forward, got out, and approached the truck, apparently startling (the two known drug-users), who walked away until they were told to stop,” reads the court decision.
“The officers spoke with the parties and, observing nothing of note, advised them they were free to go, at which point (the two known drug-users) left the scene.
“However, as Ms. Aeichele backed up the Explorer, one of the officers saw a small baggie containing a white rock-like substance on the ground below the area where the passenger side window had been located. At that point, they arrested Ms. Aeichele and Mr. Knauff, and searched the Explorer and both accused.”
Police found meth, cocaine, fentanyl, cash, walkie-talkies and other items associated with drug trafficking. An officer also found $515 in cash, a cellphone, a wallet and four individual bags of cocaine in a larger bag in Knauff’s front pocket.
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Knauff testified that Aeichele was giving him a ride home after she stopped at Walmart for some shopping.
He also testified that he didn’t know the men, and that one of them dropped a baggie containing “some foreign substance” into his lap through the open window.
Stating he was scared, Knauff said he hid the bag in his front pocket, along with denying there were other drugs in the vehicle.
Crown counsel challenged Knauff, asking him whether he thought it was unusual for a stranger to walk up to a vehicle and drop a bag into his lap.
“In closing submissions, Crown counsel argued that the judge should find Mr. Knauff’s account was a ‘fanciful implausible story’ and he was not credible,” said the court document.
Meanwhile, the defence argued that the Crown had failed to prove Knauff had knowledge or control of the drugs or drug-related items in the Ford.
The panel of three appeal judges noted that the trial judge “did not express himself with perfect clarity,” but quickly added that he got it right.
“Reading the judge’s reasons as a whole and in the context of the record, I see no error in his credibility finding that Mr. Knauff’s evidence was ‘utterly implausible, irrational’ and his rejection of that evidence as incredible and ‘made up.’ Nor do I see error in the path of reasoning that he followed when conducting his credibility assessment.”
The court decision is available online.
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