A former Halifax pawn shop operator is appealing his convictions for possessing cocaine, marijuana and stolen property for the purpose of trafficking.
Lonnie Mercelle Murphy, 47, was found guilty in Nova Scotia Supreme Court in Halifax in January 2020.
Murphy was sentenced in September to two years in prison – 18 months on the drug charges and six more months for the stolen goods.
He was granted bail in the Nova Scotia Court of Appeal three weeks later, after filing a notice of appeal.
Police searched London Pawn Shop on Isleville Street in October 2017 and found 52 grams of cocaine, about 3.5 kilograms of marijuana and a variety of stolen goods, including a $5,999 Gibson Les Paul custom guitar that had a sales sticker from Long & McQuade on it.
Officers also seized other music equipment, tools that belonged to Duron Atlantic, safety harnesses and a drill hammer taken from an Economy Glass work truck, and an assortment of lingerie, sheet sets and other items from miscellaneous retailers.
Justice Jamie Campbell said the evidence established Murphy was a petty retailer of cocaine and marijuana and was selling items he knew were stolen. He rejected Murphy’s explanation that he had bought the goods at an auction and was not suspicious about whether they were stolen.
Murphy insisted the raid was a setup involving a conspiracy between police and an informant.
In his notice to the Appeal Court, Murphy lists at least 10 grounds of appeal.
Murphy claims the trial judge failed to observe a principle of procedural fairness by permitting the Crown to editorialize and correct the evidence of a witness during cross-examination.
He also says Campbell erred in reviewing the evidence and relating the facts to the elements of the offences, in qualifying a Crown witness as a drug expert, and in permitting Murphy to be charged with, and convicted of, possession of stolen property that was allegedly owned by “unknown persons.”
Murphy further claims the judge erred in accepting inferences in favour of the Crown when reasonable inferences in favour of the defence were available, and that Campbell’s misapprehension of the evidence resulted in findings of fact that were not reasonable.
The notice of appeal also maintains the judge was wrong to accept the “inconsistent evidence” of a detective to justify a second search warrant and alleges ineffective representation by lawyer Mark Knox at trial.
“Having regard to the totality of the evidence and, in particular, the acquittal in relation to the co-accused, Michelle Yetman, the verdict is unreasonable and cannot be supported by the evidence,” Murphy claims in the notice of appeal.
Laura McCarthy became Murphy’s lawyer prior to sentencing and is handling his appeal, which will be heard next September.
Murphy was released on a $51,000 bail order with two sureties and conditions of house arrest. He must check in with Halifax Regional Police every Friday, cannot possess or consume alcohol or non-prescription drugs, and is not allowed to have a passport.
