Pubdate: Tue, 10 May 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: Darah Hansen
Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.)

ACCUSED CUSTOMS OFFICER GETS BAIL

Mother Of Altaf Merali, Who Claims He Was Forced To Smuggle, Puts Up Her 
Savings

SEATTLE - A Canadian customs officer who is accused of trying to bring 100 
kilograms of marijuana over the Canada-U.S. border in his car was released 
on bail Monday.

Altaf Merali, 37, who faces the possibility of 40 years in jail and a $2 
million fine, was released on a $50,000 US cash bond, which was secured by 
his mother.

District attorney David Jennings disputed the judge's decision to release 
Merali, who had been in U.S. custody since he was arrested May 3 at the 
Blaine, Wash., border crossing and charged with conspiring to distribute 
marijuana in the United States.

"He betrayed the confidence the U.S. placed in him when he came across the 
border," Jennings said at Merali's detention hearing in U.S. federal 
district court. "At this point I think the best thing for him is for him to 
remain in custody."

According to court documents, Merali claimed he was coerced into smuggling 
the drugs after his family was threatened by an Indo-Canadian gangsters in 
his Surrey neighbourhood.

It's a claim that was flat-out rejected by Jennings.

"I don't believe that for a minute," he told Judge Monica Benton, 
describing Merali's claim as a "built-in defence mechanism."

According to Jennings, duress or coercion can be used as a defence under 
U.S. law, but the accused must prove the threat is immediate.

"There has to be a gun in your back," Jennings said outside court.

"It becomes much more difficult to establish [coercion] if the person 
doesn't show you a gun."

Upon his arrest, Merali didn't point authorities to a weapon, but he did 
lead them to a nearby fast food restaurant where a second man was arrested. 
Jason Dean Smith, 30, of Snohomish County, Wash. faces a similar charge to 
Merali.

Smith was also released on bail Monday.

In a statement sworn by a U.S. special agent, Merali said he'd been 
approached by a neighbour and a man identified as "Sam" and asked if he 
wanted to get involved in bringing marijuana into the United States and 
taking cocaine back to Canada.

At first he agreed, but later tried to back out of the deal, claiming he 
was scared, according to the statement. That's when Merali says the men 
threatened the safety of his family, the statement alleges.

Jennings had argued that Merali should stay in jail pending his trial. By 
using his position as a customs officer to try and get the drugs past the 
border, Jennings said Merali "betrayed the trust" of his office.

Merali's defence lawyer, Paula Deutsch, said her client's strong family 
ties in the Vancouver area were enough to ensure he would return to court 
for his preliminary hearing, scheduled for May 18.

Deutsch pointed out the support Merali had in the courtroom: his wife, 
Jennifer Merali, his mother, Zaitun Merali, a brother, an uncle and a 
cousin. Two men, identified by Deutsch as family friends, were also present.

Deutsch said Merali's mother had agreed to post the $50,000 cash bond, 
using her own savings.

Given that, she said, "I cannot imagine that he would not come back to court."

Deutsch told the judge that Merali's family is "very disappointed in him 
but they are willing to be supportive."

Deutsch described the nature of the charge against her client as "very 
aberrant conduct."

"I don't think this is the norm for Mr. Merali."

Outside court, Jennifer Merali was in tears and had to be comforted by 
former neighbour and family friend, Colin Campbell.

Campbell told the Vancouver Sun earlier that he was shocked to learn his 
friend "Al" Merali was charged with a crime. On Monday, Campbell said he 
stood by those comments.

Merali's mother and uncle said the incident was taking a heavy emotional 
toll on the family.

"We wouldn't wish this on anyone," Merali's uncle -- who refused to 
identify himself -- said outside court.

Merali's mother, Zaitun, said Jennifer Merali and her two young children 
have left the home she and her husband bought just last year in a newly 
developed South Surrey neighbourhood, saying she no longer feels safe.

Zaitun Merali -- who said she had just returned home from a trip to England 
- -- said she knew nothing of her son's criminal charge until she heard about 
it in the news.

She is shocked, she said, but remains supportive.

"He is my son. That is not going to change."

Merali was scheduled to be released later Monday from the SeaTac remand 
centre. He is scheduled to return to court May 18 for a preliminary 
examination of the evidence.

Until that time, Merali must abide by bail conditions prohibiting him from 
possessing firearms and narcotics. A failure to show up in court will mean 
the forfeit of the $50,000 cash bond posted Monday by his mother.

Jennings had earlier questioned the source of the money, given, he said, 
"the nature of the charge" against Merali.

However, after a discussion with Merali's mother, he consented to her 
posting the bond in the form of a certified U.S. money order.

Smith is required to post the equity of his house, valued at $25,000 US.
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MAP posted-by: Jay Bergstrom