By ALESHA CAPONE
A SUNSHINE North drug trafficker will be able to keep his home after legal authorities lost a court battle to keep the property.
The Supreme Court of Victoria Court of Appeal recently heard a case between the Director of Public Prosecutions (DPP) and George Cini.
Previously, County Court Judge Frank Gucciardo had sentenced Mr Cini to two years’ imprisonment, suspended for 18 months.
Mr Cini had pleaded guilty to one count of trafficking in a drug of dependence, three counts of possessing of a drug of dependence, one count of theft of electricity and possessing $14,180 in cash, the proceeds of crime.
The DPP had argued because police raids discovered Mr Cini growing cannabis at an underground bunker below his garage in Sunshine North, his home was ‘tainted property’ and should be forfeited to legal authorities under drug laws.
However, Judge Gucciardo had decided against this, as the Harley St house had been purchased legally – but the DPP recently appealed this decision.
The court heard that if Mr Cini lost his home, it could “result in psychological harm” and harm his prospects of rehabilitation.
When police searched the property in 2009, they located 45 cannabis seedlings, 26 containers of fertiliser, an electrical power switchboard and hydroponic equipment.
They also found more than 25 cannabis plants about a metre tall each and within Mr Cini’s bedroom, three ecstasy tablets and seven vials of GHB.
When Mr Cini was interviewed by police he was “entirely cooperative” and said “he had learnt how to cultivate cannabis from the internet”.
He also confessed to stealing $18,000 worth of electricity from the grid and said he was able to sell the cannabis that he cultivated for between $2000 and $3000 per pound.
In the original case, Judge Gucciardo said Mr Cini’s drug trafficking would have earned him “far less than $50,000” whereas his house was worth $320,000.
In the appeal, Justice Mark Weinberg and two other judges dismissed the DPP’s case and found in favour of Mr Cini.
Justice Weinberg said Mr Cini’s offending was not serious enough to warrant losing his house in addition to serving prison time.
