Pubdate: Wed, 25 Nov 2009 Source: Kamloops Daily News (CN BC) Copyright: 2009 Kamloops Daily News Contact: http://www.kamloopsnews.ca/ Details: http://www.mapinc.org/media/679 Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada) 'DECENT' MAN GETS JAIL FOR DOPE GROW, JUDGE RULES A "hard-working decent man" who set up a sophisticated marijuana-grow operation to pay off family debts must serve eight months in jail, a B.C. Supreme Court judge ruled Tuesday. Justice Richard Blair sounded exasperated as he questioned Robert Athay, a Barriere trucker, about how he came to be an illicit dope grower. "You are a hard-working decent member of society and you get involved in this," Blair told Athay as he passed sentence. "You're known as a good worker. And you get into a marijuana drug grow operation." What seems incomprehensible is the fact Athay would take on such an enterprise even though his own teenage daughter was battling an addiction to drugs at the time, the judge noted. "It's truly mind boggling that with that background going on you would get into this hideous business," Blair said. Athay was busted in November 2007 after RCMP executed a search warrant at his home, 16 kilometres south of Little Fort. Police found 776 healthy plants, capable of generating $300,000 of marijuana. Defence lawyer John Gnitt asked the court to impose a conditional sentence, saying his client has no criminal record. Athay was looking for a way to pay off $30,000 in debt when he made the poor choice to grow marijuana. He found information about how to do it on the Internet. "He didn't even know where he was going to unload the crap," said Gnitt. The lawyer submitted five letters of support indicating this act was out of character for Athay. "He is embarrassed. He is worried, as would anybody be in these circumstances," said Gnitt. "Many people go to jail for growing marijuana. Some don't." But Justice Blair said deterrence of people like Athay must be one of the court's paramount concerns. "How do we deter people such as yourself from getting into grow operations? Can it be done by way of a conditional sentence," asked Blair. "A conventional jail sentence is required." The federal Crown had asked the court to jail Athay for 10 months. The man was also banned from owning firearms for 10 years. - --- MAP posted-by: Richard Lake