Trafficking trial wraps for seizure of $20K, cocaine

Despite last-minute issues and heated arguments, a trial looking into whether bundles of more than $20,000 in cash and cocaine found in Prince Albert were connected to trafficking wrapped up on Tuesday.

Jade Tyler Napope, 28, faces charges of possession of marijuana, possession of cocaine for the purpose of trafficking, and possession of the proceeds of crime.

Closing arguments on Tuesday morning came a day after testimony from officers, a cocaine expert, and a woman who was in the truck when Napope was arrested last year.

Mary McAuley argued for Napope, who had been in the driver’s seat of a truck when Cst. Phil Dell arrested him near Ecole Holy Cross on the 2000-block of 15th Street East on July 5, 2014.

At first, Dell put Napope under arrest for outstanding warrants. However, the court saw photo evidence that $5,730 of bundled cash was found in Napope’s pocket.

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It was a combination of bills, largely in $20, $50 and $100 denominations.

The same was true of rolled-up bills found in the back seat of the truck in a black backpack amounting to $16,030.

McAuley’s closing arguments circled around to where the money came from, which proved to be contentious the previous day. She had submitted a residential school settlement from James Napope, amounting to over $100,000, had been cashed at MoneyMart eight months earlier.

However, the receipt, provided by 19-year-old Destiny Adam was not admitted into evidence because it was produced the day of the trial. Entering evidence that late in a trial requires approval from the Crown, and Verkerk did not allow it. She also took issue with the source of the paper.

Adam said in October 2013, James gave $40,000 of the settlement to Jade.

McAuley argued the money found in the truck was from that settlement, not from trafficking drugs.

Adam had been in the truck at the time of the arrest, she was also the only defence witness called in the trial. Adam testified the receipt belonged to James, who had also been in the truck during the arrest.

James Napope, Jade’s father, and Adam had been in the truck at the time. She also faces charges after three “eight balls” of cocaine were found in her bra. Adam testified she had the cocaine for personal use and that Jade was not aware they were there. She also said Jade and James do not deal drugs, and she wasn’t sure if Jade did cocaine.

Along with the cash, the black backpack found in the truck’s back seat contained a digital scale, and plastic storage bags.

The truck’s passenger side’s storage in the door had been holding 18.5 grams of marijuana.

McAuley closed her argument calling for an acquittal, saying Jade was not aware of the marijuana in the truck or the cocaine in Adam’s bra.

She said the location of the backpack – out of Jade’s reach at the time – indicated he was not in control of it.

Crown’s closing arguments

The federal Crown prosecutor, Sylvia Verkerk, acknowledged in her arguments that the drugs and other evidence aside from the $5,730 in cash had not been found on Jade’s person.

However, she asked Judge H. Harradence to not look at each piece of evidence, but the whole of the circumstances to find Jade guilty.

Verkerk said Adam lacked credibility and pointed out numerous inconsistencies in her testimony.

Overall, the explanation for the money as the product of a residential school settlement doesn’t have any weight, Verkerk said.

She put forward the theory that Napope had an agreement with Adam that she would carry the drugs.

The marijuana was in plain sight, and because he let it stay in the truck, he is guilty of possession, she said.

She put forward that the tools of the drug trade – weapons, packaging, drugs – were all found in the back seat.

The way the cash was bundled makes it easier to collect money in the drug trade, according to Det.-Sgt. Tony Landry, who had been called in to testify. He was qualified as an expert in cocaine at trial.

She argued that a snakeskin wallet found in the backpack contained Jade’s identification, including a Visa card, a business card for his lawyer, and health card, stating these are items used “day to day.”

Because of that, Verkerk said Jade did have knowledge, consent, and control of the drugs.

Harradence reserved his decision until next week.

Dispute between Crown and judge

The debate over people giving evidence based on “hearsay” – essentially unprovable discussion with a third party who is not present in court – proved to be a hot topic in court.

Harradence referred to both Verkerk and McAuley’s understanding of the use of hearsay as “absurd.”

“It’s just so fundamentally wrong,” he said.

Verkerk responded it seemed illogical an officer wouldn’t be able to share what was said in the course of their duty.

At one point in the trial, Harradence brought up that Verkerk’s physical responses to statements, which paNOW‘s reporter witnessed included head shaking, had been distracting.

During the closing arguments he went a step further, telling her “you can show your disgust in whatever way you want” but it’s getting tiring.

Verkerk said, as an officer of the court, she took offence to some of those comments.

claskowski@panow.com

On Twitter: @chelsealaskowsk