Pubdate: Fri, 09 Nov 2007
Source: Regina Leader-Post (CN SN)
Copyright: 2007 The Leader-Post Ltd.
Contact:  http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Barb Pacholik

CROWN WANTS DRUG FELON JAILED

Busted for shipping millions of dollars worth of pot through 
Saskatchewan's borders, Daren Wayne Smith is now on parole from his 
six-year prison sentence imposed last year -- but not for much longer 
if the Crown has its way.

"There has never been a case of this magnitude in this province," 
federal Crown prosecutor Wade McBride told the Saskatchewan Court of 
Appeal on Thursday in seeking to boost Smith's sentence. The 
42-year-old was a key player in a drug exportation scheme that saw in 
excess of $10 million worth of "B.C. bud" hauled across the 
Saskatchewan-U.S. border.

But Calgary defence lawyer Christopher Leveque said his client was 
granted day parole in June from the sentence, originally imposed in 
March 2006, and there's no point now in sending him back to prison.

"He has done his time," Leveque contended. Because of credit for 
pre-trial custody, Smith's effective sentence was actually closer to 
five years. Federal offenders are eligible for full parole at 
one-third of their sentence, and day parole eligibility -- when 
offenders typically move into a half-way house -- is six months 
before that date.

"He's out. He's working. He's trying to reconnect with his family," 
Leveque told court.

Whether or not Smith can continue on that path is now in the hands of 
appeal court Justices Georgina Jackson, Gene Anne Smith and Ysanne 
Wilkinson. The judges initially adjourned for 15 minutes to mull over 
the matter, but then sent word that their decision was reserved. A 
written decision will be issued at a later, unspecified date.

Daren Smith, who did not attend the appeal hearing, was convicted in 
December 2006 of seven charges: possession of marijuana for the 
purpose of exporting, exporting marijuana, possession for the purpose 
of trafficking, trafficking, possession of proceeds of crime, and two 
criminal organization charges. The offences occurred between July 1, 
2001, and June 22, 2002.

The scheme was uncovered on June 20, 2002 when a U.S. border patrol 
officer stopped a van near an illegal border crossing near Lake Alma 
in southern Saskatchewan.

The van, rented by Smith, was carrying 391 pounds of pot packaged in 
Ziploc bags, and stuffed in nine hockey bags. The drugs were worth 
more than $1 million.

When authorities raided Smith's B.C. home two days later, they found 
a suitcase packed with $568,170 Cdn and $119,920 US.

The trial heard from witnesses who said Smith hired and paid them to 
haul drugs from B.C. to Saskatchewan, across the illegal border 
crossing dubbed "North Star," and into the U.S. The Crown estimated 
there were about a dozen trips, with as much as 5,000 pounds of pot moved.

The Crown had originally sought a prison sentence in excess of 10 
years, while the defence argued for four.

In his appeal, McBride argued six years "is probably the starting 
point" in this unprecedented case. The commercial operation moved the 
largest amount of drugs ever through this province.

He suggested Justice Ted Zarzeczny, who sentenced Smith, didn't 
sufficiently consider deterrence and denunciation, or that Smith 
participated in a criminal organization.

He contended Zarzeczny had also erred in not ordering Smith to serve 
half his prison sentence -- instead of the usual one-third -- before 
being eligible to seek parole.

Leveque urged the judges to consider if the sentence was demonstrably 
unfit given Smith's role. He rented the vehicles and arranged for the 
drug couriers.

"Mr. Smith is certainly not the top man in the organization. He is, 
in fact, a middleman," he said, adding that six years isn't lenient. 
"It's extremely harsh."

Although Smith forfeited his ill-gotten cash, about $200,000 of the 
seized money was used to pay his legal bills.

McBride argued Smith should be fined in lieu of forfeiting those funds.

"The wrongdoer is not to have benefitted from the proceeds of his 
crime," he said.

But Leveque said the law allowed Smith to use that money to pay a 
lawyer, and he shouldn't face an additional sanction for doing so. If 
Smith is fined for the $200,000, it will likely mean additional jail 
time because he can't pay.
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MAP posted-by: Keith Brilhart