Pubdate: Wed, 14 Dec 2005 Source: Vancouver Sun (CN BC) Copyright: 2005 The Vancouver Sun Contact: http://www.canada.com/vancouver/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Adrienne Tanner, Vancouver Sun Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) TRAFFICKER GETS TO FIGHT DEPORTATION Court cuts his jail term so he can appeal an order returning him to Vietnam -- his second since '95 The B.C. Court of Appeal has reduced a convicted marijuana trafficker's sentence by one day to give him the chance to appeal his second deportation order. Quoc Ai Mai was sentenced to two years in a federal prison after pleading guilty to importing 1,728 kilograms of marijuana from Ecuador. He was subsequently ordered deported. Because his sentence was greater than two years less a day, he automatically lost his right to appeal the deportation. Tuesday, a panel of three appeal court judges agreed the sentence was unfair and pared it by 24 hours. They found that while the difference of one day had almost no impact on the sentence itself, it carried severe consequences for Mai, who stands to be deported to his birthplace of Vietnam. The judges ruled Mai should have the opportunity to plead for another chance before the appeal division of the Immigration and Refugee Board. This is not the first time Canada has granted clemency to Mai, who became a permanent resident in 1989 at age 15. Immigration officials ordered him deported after he was caught in 1992 lurking in a back alley wearing a bulletproof vest and carrying an unregistered, restricted .357 magnum handgun. A nearby homeowner had reported hearing shots fired and when police arrived, they caught Mai with a gun tucked into the waistband of his pants. There were six spent shells in the gun and another nine live shells in his pocket. His lawyer at the time said the incident was connected to drugs, court documents said. After pleading guilty to the weapons offence, Mai was ordered deported in 1995. However, he was granted a second chance by the appeal division of the Immigration and Refugee Board. Mai was reinstated as a permanent resident in October of 1998. A little more than two years later, Mai was once again in trouble with the law. This time, he colluded with Timothy Andrew Murray to import a large quantity of marijuana from Ecuador. "Containers of alfalfa were shipped from Ecuador to Canada. Hidden inside the containers of alfalfa was . . . 1,728 kilograms or two tons of marijuana," the appeal court documents said. Customs officers conducting a routine inspection discovered the illicit shipment, replaced it with a placebo and started wiretap surveillance between Mai and his accomplice. Murray took care of the Ecuadoran connections. Mai cleared the shipment through customs and paid to transport the load to a farm in Mission, police learned. During the criminal court case, Mai's lawyers told the judge that Mai's father was an alcoholic and drug addict and had left his son to be raised by friends, family, foster parents and group homes. Today, he is self-employed in "legitimate" businesses and pays $1,000 a month to help support his daughter, the lawyer told the court at his March 9, 2004 sentencing. Justice Brenda Brown ruled the appropriate sentence was two years, effectively ending Mai's chances of a second immigration appeal. That did not stop him from trying. At an immigration hearing in March of this year, Mai attempted to stave off what was soon was to become his second deportation order. "I have nothing back in Vietnam," he told the Immigration and Refugee Board member hearing his case. "Like, I never seen or smelled it in my life. Indeed, I know I messed up really badly here and this is my second time around in the courts before immigration here and, obviously, you know, I've made some -- I made a serious mistake here, right?" The board member instructed Mai to stop pleading his case, stating that with a sentence of two years, no appeal could be heard. Immigration and Refugee Board spokeswoman Melissa Anderson said now that his sentence has been reduced, Mai will be able to try one more time. This is not the first time the courts have reduced a sentence to allow an offender to mount an immigration appeal. In March, the same one-day dispensation was granted to a Sri Lankan rapist to enable him to appeal his deportation. In that instance, the B.C. Court of Appeal ruled that Sritharan Kanthasamy, 28, a permanent resident of Canada, would face "unintended consequences of great significance" if it upheld a two-year jail sentence imposed by a lower court following a trial in 2004 and reduced his sentence to two years less a day. - --- MAP posted-by: Richard Lake