Man arrested with bucket of ‘hot and steaming’ date rape drugs loses appeal: judgment

A Nanaimo man who had a burning bucket of date rape drugs in his vehicle has lost his bid to overturn his conviction, the British Columbia Court of Appeal has ruled.

According to a June 7 ruling, early on the morning of December 12, 2020, a Nanaimo RCMP officer arrested Justin Thomas Gary Donovan, who was driving a vehicle impounded a month earlier.

Police ran the license plates on their computer and discovered the vehicle had been impounded because the driver was prohibited from driving.

The officer then arrested Donovan, who was still prohibited from driving.

Donovan, born in 1984, was placed under arrest. Police then searched the vehicle and found, among other things, “a hot, smoking liquid substance which turned out to be GHB,” the judgment states.

GHB, or gamma-hydroxybutyrate, is a drug that has been “used in rape (sexual assault),” the The BC government says.

“GHB is a clear, odorless liquid that looks like water and can therefore be added to a drink without the person knowing. It can also be used in white powder form.

The drug “acts as a depressant, slowing and calming the activity of your nervous system,” adds Health Canada on his website.

The GHB was in a large orange bucket on the floor behind the driver’s seat.

When the officer first lifted the lid, he wasn’t sure what it was, but noted that it “gave off a strong chemical odor,” the ruling states.

Firefighters were then called to the scene and confirmed that the temperature of the liquid exceeded 30°C.

During the search, police also found a propane tank, a propane burner, several cooking utensils, household cleaning products, 4 kg of laundry detergent, two funnels and distilled water. A subsequent search uncovered a package of methamphetamine.

The ruling says the officer then returned to the vehicle “and was able to obtain confirmation that the substance in the orange bucket was GHB.”

It indicates that GHB “was ready to be sold”.

Appeal dismissed: judge

Donovan was charged with two counts of unlawful possession of a controlled substance (GHB and methamphetamine) for the purpose of trafficking.

The new ruling says his trial “consisted primarily of two voir dires on the admissibility of evidence: one regarding the evidence found in the car and a second regarding the expert report.”

He added: “The judge concluded that all the evidence was admissible and found the appellant guilty on both counts. »

Donovan’s appeal was heard at a hearing on April 18 in Victoria, while the judgment was handed down on June 7 in Vancouver.

“Among other things, the appellant argues that the controlled substances were discovered during a search that should not have yielded admissible evidence in a criminal proceeding, while he was unlawfully detained,” the judgment states.

In his decision, Judge J. Christopher Grauer dismissed the appeal, saying that “the the search was carried out in accordance with legal authority and was reasonable.

Judges Newbury and Abrioux were also on the three-judge panel.

“The appellant is not permitted to advance new arguments regarding his arrest and detention on appeal despite the strategic concessions made at trial,” the judgment adds.

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