Kurt Churchill and Anthony Clowe acquitted after lawyers file motion over unfair trial delays

Two men charged in a police investigation targeting “high-level” cocaine trafficking in the St. John’s area were acquitted Wednesday morning in Newfoundland and Labrador Supreme Court after their lawyers filed a motion alleging unfair trial delays.

Kurt Churchill and Anthony Clowe’s attorneys filed a so-called Jordan motion. Erin Breen represented Churchill, while Randy Piercey represented Clowe.

A Supreme Court of Canada decision last summer, known as R. v. Jordan, imposed an 18-month deadline for cases in provincial courts to be concluded. In the Supreme Court, the deadline is 30 months.

Churchill and Clowe were arrested and charged in 2014 and are scheduled to go to trial in January 2018.

The Crown did not present any witnesses in the case on Wednesday morning and asked the court to acquit on all counts.

Investigation dubbed Operation Battalion

Churchill had been charged with conspiracy to traffic cocaine and possession of cocaine for the purpose of trafficking, as well as weapons offences.

Clowe was charged with money laundering and possession of property obtained by crime.

The two men were charged after police seized $300,000 hidden in the lining of two suitcases at the Montreal airport in March 2014, as part of a six-month investigation by the Newfoundland and Labrador Combined Forces Special Investigation Unit (CFSU-NL) dubbed Operation Battalion. Montreal and Vancouver police also participated in the investigation.

The Crown told the court it plans to file an application for forfeiture of the money seized as part of the investigation.

Clowe is the father of former NHL player Ryane Clowe. Ryane Clowe did not participate in Operation Battalion.

In 2015, another St. John’s man was convicted of charges related to that police investigation.

Leroy Thomas pleaded guilty to money laundering, possession of cocaine for the purpose of trafficking and possession of a prohibited weapon (a knuckle-duster). He was sentenced to three years in prison.