In the wrong place at the wrong time, or drug-dealing accomplice? Yellowknife judge to make decision

A judge is now deciding whether a B.C.man was in the wrong place at the wrong time or an accomplice in a lucrative drug dealing operation in Yellowknife.

13 cell phones, cocaine, and fentanyl

Mohamed was in the second floor bathroom of a Finlayson Drive home in April 2015 when a police emergency response team broke down the door and entered the home. The raid happened after months of surveillance on anotheroccupantof the house, William Nelson Castro. Castro jumped out of a second-story bedroom window in an attempt to escape, but was arrested at the scene.

Inside, RCMP investigators found fentanyl, cocaine, marijuana, hundreds of thousands of dollars in cash and 13 cellphones.

The 50-year-old only started showing up at the house the week before the raid. Photos submitted at the trial show him leaving and entering the house.

The day of the raid, Mohamed was seen leaving and driving away from the house in Castro's black Lexus sport utility vehicle seven times, returning shortly after each time. Prosecutor Duane Praught said that was an indication Mohamed was part of the dial-a-dope operation Castro pleaded guilty to operating.

Praught pointed out that police found drugs and cash in plain view in the house, including fentanyl worth roughly $7,000 sitting atop the fridge and crack cocaine on the living room coffee table that was in the process of being packaged for resale.

"Would Mr. Castro really allow someone into that residence who wasn't on board?" said Praught.

'No forensic evidence'

Mohamed's lawyer, Jennifer Cunningham, said her client was a "found-in" someone who just happened to be a guest at the house when police raided it.

She pointed out that Castro said all of the drugs in the house were his. She also pointed out there were no drugs in the spare bedroom where police found a duffel bag with Mohamed's clothing, passport and other travel documents.

"There's no forensic evidence, no fingerprints, no DNA linking Mr. Mohamed to any of the items the Crown says he's guilty of controlling," said Cunningham."There's no texts, phone or surveillance evidence linking Mr. Mohamed to drug trafficking, unless using a drug trafficker's car makes you a drug trafficker."

Police did find seven grams of cocaine on the bathroom floor near Mr. Mohamed shortly after arresting him. Cunningham said there's no evidence proving it belonged to him. She said even if the judge found it did belong to him, it should not be seen as anything more than for personal consumption.

Castro is currently serving a six-year prison sentence.

The judge overseeing Mohamed's trial said she will give her verdict Sept. 25.