Pubdate: Thu, 04 Oct 2001
Source: Victoria Times-Colonist (CN BC)
Copyright: 2001 Times Colonist
Contact:  http://www.canada.com/victoria/timescolonist/
Details: http://www.mapinc.org/media/481
Author: Kim Westad
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

MYSTERY SURROUNDS SUDDEN END TO DRUG CASE

The criminal case against five convicted drug dealers -- including 
Victoria-area men once described as drug "kingpins" -- has been 
mysteriously dropped in a move that baffles even the men's lawyers.

The Crown will not divulge the reason behind a move that will see the men, 
some serving lengthy prison terms, automatically released. The convictions 
will be wiped from any criminal records they may have.

"I've never seen anything like it before," said John Green, a defence 
lawyer for 20 years, who represented one of the men.

The B.C. Court of Appeal was to have heard the appeals of the men's 1998 
convictions this month.

But on Tuesday, the Crown asked the appeal court to set aside the original 
convictions and order a new trial. The court consented. Then the Crown said 
it would not retry the men, and stayed all the charges.

Clark Purves represented Ricardo Scarpino, a former Langford resident who 
was sentenced to 12 years.

"As a citizen, I'd like to know what happened. Obviously, something is not 
quite right with the investigation," said Purves.

"It's like my client spent five years in prison for something that never 
happened."

Scarpino, Gustavo Gomez, David Mak, Keith Garbutt and Mark Hall were 
convicted in Victoria provincial court 1998 on a variety of charges of 
conspiracy to traffic and import cocaine.

A cocaine-smuggling ring was busted after a Victoria courier was arrested 
carrying 20 kilograms of cocaine at a U.S. train station in August 1996. At 
the time, police said it was a significant bust because of the amount of 
cocaine.

Through a lengthy and expensive police investigation based largely on tips 
from confidential informants and tapped telephone calls, the Vancouver 
Island RCMP drug section compiled a case against seven men.

Two men pleaded guilty and were sentenced to three years in prison. The 
remaining five went to trial and were convicted by a judge after 65 days of 
trial that stretched over a year. They received sentences ranging from 
three years to 14 years for Gomez, a 38-year-old man from a wealthy family 
in Medellin, Colombia.

The Crown theory was that Gomez gathered the 20 kilograms of cocaine in 
California while Scarpino made arrangements to move it to Canada. The 
cocaine was transported to Seattle, where it was to be broken down into 
smaller amounts and brought into Canada by couriers arranged by Mak, court 
heard. The Crown said Hall and Garbutt would then distribute it.

Crown counsel David Frankel said Tuesday that, "We're not prepared to 
divulge the reasons why we've made this decision (the stay of proceedings 
against the five)."

Frankel would not say anything more than what he had written to defence 
lawyers and the court.

The letter says: "On the basis of information that has recently come to the 
Crown's attention, which I'm not at liberty to divulge, these conviction 
appeals are not opposed. Although in the Crown's view, the trial judge did 
not err as alleged by the appellants, it is nonetheless its position that a 
new trial is warranted. It is not, however, the Crown's intention to retry 
the matter."

Vancouver Island RCMP drug section Cpl. Bill Thomas said the police know 
the new information the Crown referred to, but he would not say what it is.

"We're abiding by the (Crown's) decision and that's all we have to say 
about the matter," Thomas said.

The defence lawyers would not speculate on what the new information might 
be. "Obviously they do not want whatever it is to come to light," said 
lawyer Jim Blazina.

Frankel said the stay does not affect the two men who pleaded guilty. Their 
convictions stand. Several of the five men had been released on bail 
pending the hearing of the appeal.

Scarpino was still in a federal institution on the mainland, and Gomez is 
believed to be on day parole.
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