Pubdate: Fri, 16 Oct 2009 Source: Victoria Times-Colonist (CN BC) Copyright: 2009 Times Colonist Contact: http://www2.canada.com/victoriatimescolonist/letters.html Website: http://www.timescolonist.com/ Details: http://www.mapinc.org/media/481 Author: Louise Dickson, Staff Writer HAND-LESS MAN MUST GO TO JAIL: CROWN Defence Lawyer Says Disabled Drug Courier Would Be At Risk In Prison A Victoria man with no hands who ingested $204,000 worth of heroin and smuggled it into Canada three years ago should not be allowed to avoid prison because of his disability, federal prosecutor Dirk Ryneveld argued yesterday in B.C. Supreme Court. "You had to swallow 85 different pellets of heroin," Ryneveld said to drug courier Terry Bazzani on the first day of the two-day sentencing hearing. "You had 85 times to think about what you were doing. You knew you were committing a crime and you decided to take the risk." Bazzani, 39, was arrested June 28, 2006, at Toronto's Lester B. Pearson airport after arriving on a flight from Bogota, Columbia. He was charged under the Controlled Drugs and Substances Act and pleaded guilty to importing heroin Sept. 2. Ryneveld wants Bazzani to go to prison for the offence, which until recently carried a mandatory minimum sentence of seven years. But defence lawyer Jordan Watt contends Bazzani should be given a conditional sentence because of his physical limitations, arguing Bazzani will be isolated and in danger in a federal institution, and won't receive proper care. Bazzani testified that his multiple disabilities, which include an abnormality of his mouth, no hands, shortened arms and a partial left foot with fused toes, were the result of his birth mother taking illicit drugs. Without hands, he can't dress himself or do up buttons. He can't brush his teeth or shave his face. He can eat sandwiches, but nothing requiring utensils. He can urinate by sitting on a toilet. "When you go number two, can you wipe your bum?" asked Watt. "I have someone do it for me or I have a shower," Bazzani replied. Throughout his life, he has been cared for by his foster parents, girlfriends and live-in caregivers. His new wife, whom he married last week, is also helping to look after him, Bazzani testified. Watt asked about time Bazzani spent in custody at Maplehurst maximum security institution in Ontario after his arrest. "In those five weeks did anyone brush your teeth?" "No," Bazzani replied. "Did anyone clean your ears?" "No," Bazzani replied. "Did anyone wipe your bum?" "No." "How did you eat?" "I ate what I could and left the rest," said Bazzani, who fumbled for a tissue to wipe away tears. Diane Thiessen, manager of clinical services for Correctional Service of Canada, Pacific region, testified that B.C.'s nine federal institutions accommodate all kinds of disabilities, including amputees, paraplegics and quadriplegics. The case began in June 2006 when Canadian Border Services Agency received a tip from a confidential source identifying Bazzani as a drug courier. When he stepped off the early-morning flight from Colombia, the customs inspector immediately recognized Bazzani because of his shortened arms. After being held for a few hours, Bazzani admitted he had swallowed drugs. He was taken to hospital and passed 48 heroin tablets in the next few hours, then was transferred to a holding cell at the airport, where he continued to pass heroin tablets. Yesterday, Bazzani testified he had travelled to Colombia to be with a woman he'd met online. In May 2006, Bazzani, who was unemployed and living on a disability pension, met two men at a bar who asked him to smuggle drugs back into Canada for $10,000, he testified. "They kept on persisting. They said it's easy money and it's safe," said Bazzani. - --- MAP posted-by: Richard R Smith Jr