Pubdate: Fri, 09 Nov 2007
Source: StarPhoenix, The (CN SN)
Copyright: 2007 The StarPhoenix
Contact: http://www.canada.com/saskatoonstarphoenix/letters.html
Website: http://www.canada.com/saskatoonstarphoenix/
Details: http://www.mapinc.org/media/400
Author: Saskatchewan News Network
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

PRODIGIOUS POT SMUGGLER OUT ON PAROLE

Crown Seeks More Jail Time

REGINA -- 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 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 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 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.
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MAP posted-by: Beth Wehrman