Kurt Churchill walked away from a murder charge. Now he wants his cash back

Kurt Churchill — a man who beat a second-degree murder charge last September due to court delays — is fighting for the return of more than $435,000 seized from his home during the investigation.

Crown prosecutors are battling back in court, saying the money is "tainted by criminality" because of Churchill's alleged connections to the St. John's drug trade, though he's never been convicted of a drug offence.

Both sides have filed applications urging Judge James Walsh to decide who should keep the cash.

Churchill was accused of killing 47-year-old James Cody in the early hours of July 5, 2020.

Cody was gunned down outside Churchill's home on Craigmillar Avenue in St. John's. 

Police later executed a search warrant on the home, and found $435,000 in cash. The RCMP then launched a money laundering investigation, which has not resulted in charges to date.

In December 2021, a Supreme Court judge ruled the police could not hold the cash any longer to aid in their investigation. The Crown then applied to instead seize the cash permanently — not for investigative purposes, but because it is alleged to be the proceeds of crime.

The duelling applications led to a hearing in provincial court on Tuesday, where Crown prosecutor Elaine Reid called on Roberta Sullivan, a forensic accountant with the federal public service, to give an overview of Churchill's finances. 

Sullivan testified she had access to a number of bank accounts associated with Churchill and his businesses — one called Wheels in Motion, as well as one numbered company in Newfoundland and Labrador and one in British Columbia.

Bank documents show Churchill stated he was in the taxi business, Sullivan said. Despite that, she said his bank records indicate he spent very little on vehicles — as low as 75 cents in 2014 — and a modest amount on gasoline. 

Sullivan also walked the court through other irregularities, such as him spending only $230 on restaurants and groceries in all of 2015, or when he deposited an entire year's worth of paycheques from Gladney's Bus Limited on one day.

"This indicates to me he doesn't rely on his paycheques for his daily living," Sullivan said. 

WATCH: Doorbell camera captures sound of shots ringing out on Craigmillar Avenue in 2020

Sullivan testified Churchill made about $450,000 of net income over the seven-year period she analyzed, breaking down to about $65,000 a year.