Montgomery trafficking trial moves to Kelowna

Jennifer L. Montgomery was arrested after her house was raided for alleged drug trafficking

The trial for an accused drug dealer will be moving to Kelowna after court proceedings stalled and were extended beyond the initial three-day projection.

Jennifer Montgomery’s trial was initially slated to run from Jan. 10 to 12, but due to some issues that needed to be resolved in voir dires — a trial within a trial to determine whether certain pieces of evidence should be admitted into the trial — the case ran longer than the initial three days.

Montgomery’s case has made some appearances since that initial run, though largely to fix a date for the proceedings.

Related: Suspected heroin tested positive for fentanyl, court hears

In an application Wednesday morning, the court heard there was too little time in Penticton’s courthouse, and the trial would need to be moved to Kelowna to accommodate all parties and a timely trial.

Montgomery, whose home was raided in after a search warrant was executed based on an acquaintance’s text messages, searched upon her own arrest for breaches of court orders, is charged with two counts of possession of a controlled substance and one count of possession for the purpose of trafficking.

Defence lawyer Michael Patterson initially attempted to have the trial decided on the merit of the search of Montgomery’s acquaintance’s phone, asserting it required more than a cursory glance to retrieve the text messages, which violated Montgomery’s privacy.

Related: Judge passes on privacy breach claims in drug trafficking trial

The trial judge, however, dismissed that claim in the voir dire and the trial resumed. Patterson since, however, had success in getting Crown to revoke evidence from a search of Montgomery’s own phone, due to the repeated search after a warrant had expired.

Montgomery’s trial wouldn’t be the first to move to Kelowna — most notably, the trial of Grace and Pier Robotti, the former convicted of the second-degree murder of Roxanne Louie, was moved to Kelowna, with the defence saying Penticton’s courthouse lacked the security for the defendants.

In a recent conversation with the Western News, defence lawyer Michael Welsh said one of the things that would help Penticton’s time-to-trial issues in the provincial court level — improved in 2017 from the year before, but still among the worst in the province — would be more judges for the courthouse, though that referred largely to the provincial courts.

Related: Time-to-trial stats improve, but still above provincial standards

Penticton does not have a full-time B.C. Supreme Court justice, and trial judges typically travel from Kelowna or Vancouver.

Montgomery’s trial is now set for two days in Kelowna on March 27 and 28.


@dustinrgodfrey

dustin.godfrey@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

Just Posted

Kelowna students awarded for their heritage research

The Okanagan Regional Heritage Fair was held April 24

Kelowna dragon welcomed to the den

Lane Merrifield is the new dragon on Dragons’ Den

Lake Country man facing assault charges

A woman was seriously injured after an alleged aggravated assault on April 22

State of emergency issued for Mill Creek

Risk of flooding increases as runoffs from higher elevations reach the valley bottom in Kelowna

Send us your spring pics for a chance to win

The Capital News is collecting photos of you taking advantage of this nice weather

VIDEO: B.C. ‘escapologist’ stuns judges on Britain’s Got Talent

Matt Johnson says televised water stunt was closest he’s come to death

WATCH: Moms Stop The Harm respond to opioid crisis

Someone asked her if she does the work for her son. McBain said: “No, actually. I do it for your son.”

Haley Blais tackles social norms through music tour

Haley Blais encourages people not to be discouraged by social norms and to be who they are

Been a long day? Here’s cute puppies in training

Group is training next batch of assistance dogs at Vancouver International Airport

B.C. skydiver lands safely after cutting away main chute

Greater Victoria emergency services called after witnesses saw spiralling chute

78 Mexican farmworkers displaced after fire tears through building on B.C. farm

Flames broke out Thursday morning in building that housed up to 80 workers at Abbotsford farm

3 year-old golden lab from Calgary missing after car accident east of Revelstoke

The car that Abbie — a three year old Golden lab was driving in — flipped over and ended up in a ditch early this morning

Inmates, machines adding muscle to Oliver flood fight

Inmates are packing 250 sandbags a day, but RDOS says newly acquired machine will push 6,000 an hour

Cartoonist captures public mood following Toronto, Humboldt tragedies

Cartoonist said he was trying to find a bit of positivity with an image that has garnered attention

Most Read