Alleged bootlegger Marius Moustakas was back in court yesterday arguing he should be able to continue to access the property from which he has been evicted.
Moustakas was forced to vacate his home for three months as of July 1 under the Safer Communities and Neighbourhoods Act.
The case was complicated by the fact that the house is currently under repair as a result of a fire that occurred on the property in June.
The fire was not connected with illegal activities, but instead blamed on insulation poorly installed by Moustakas.
The original SCAN order allowed Moustakas’ contractor, Paul Joseph, to access the property between 8 a.m. and 6 p.m. until July 31.
Moustakas was also allowed visit the house during those times for the purpose of the “inspection of construction activities” and to pay Joseph.
Moustakas says he needs more time, and asked for an extension to August 31.
He still needs to oversee the installation of drywall and insulation, and needs to have an electrician inspect the work, the elderly Moustakas told the judge.
Counsel for the department said that a month’s extension “would be unacceptable,” but agreed to extend the conditional access for two weeks.
Although he may not be able to complete the work in two weeks, it would be sufficient time for Moustakas to ensure that the property is safeguarded so that work could continue at a later date, counsel argued.
Unauthorized persons have been found on the 1312 Centennial St. property since the order came into effect, and allowing Moustakas continued access “basically will nullify the SCAN order,” counsel said.
The judge sided with the department and awarded an extension to August 15.
The Department of Public Safety and Investigations suspected that Moustakas had been illegally selling alcohol and drugs from his Porter Creek home based on evidence collected by SCAN investigators.
The RCMP has responded to disturbances on Moustakas’ property more than 50 times between July 2007 and November 2011.
Neighbours also complained of people coming and going from the property constantly, some living in dilapidated trailers in the yard, and urinating and defecating on the property.
It was the first time the act was used to evict someone from property that they own.
In addition to vacating the property for three months, Moustakas agreed to cease all illegal activities and do his best to prevent others from engaging in illegal activities on his property for one year, as part of the court order.
Moustakas had given notice to a tenant to vacate another property he owns so he could live there while evicted from the Centennial St. home.
This second property, at 1311A Fir St., is only two blocks away and is across from Jack Hulland Elementary School.
Moustakas also faces a bootlegging charge under the Liquor Act. He will appear in court on that charge in September.
Contact Jacqueline Ronson at