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$10m Of Pot Worth Six Years In Prison
Pubdate: Tue, 28 Mar 2006
Source: Regina Leader-Post (CN SN)
Copyright: 2006 The Leader-Post Ltd.
Contact: http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Barb Pacholik
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/dare.htm (D.A.R.E.)
$10M OF POT WORTH SIX YEARS IN PRISON
He's gone from carpenter to drug exporter, and now Daren Wayne Smith
will be a federal inmate for his role in an unprecedented scheme that
saw in excess of $10 million worth of marijuana pass through
Saskatchewan's borders.
"He became involved in and continued this sophisticated, high-level,
commercial drug trafficking and exportation operation for the money --
and there was plenty of it," Justice Ted Zarzeczny said Monday in
sentencing the 40-year-old Smith to six years in prison.
The Court of Queen's Bench judge credited Smith with the equivalent of
10 months and 20 days of time served prior to the sentencing, so the
six-year penalty will actually be closer to five years.
"Sentencing is always a very dramatic time and it always takes a while
for the sentence to sink in. (Smith) is obviously feeling down,
depressed about the whole thing," defence lawyer Glenn Orris said
after court.
While the prosecution had argued for a term in excess of 10 years,
Alan McIntyre, agent for the federal Crown, said the penalty levied by
Zarzeczny was still significant.
"Drug trafficking of this magnitude and being involved in criminal
organizations will not be tolerated," McIntyre said in an interview.
Smith also loses $568,170 Cdn and $111,920 US found in a suitcase at
his Abbotsford, B.C., home when authorities raided it four years ago.
The judge ordered whatever money remains after Smith's legal bills are
paid be forfeited to the Crown.
The taxman is also expecting a share. McIntyre said the Canada Revenue
Agency (CRA) is seeking about $600,000.
CRA spokesperson Debbie Johnson declined comment except to note:
"Money, whether it's earned legally or illegally, is taxable."
Zarzeczny concluded Smith collected in excess of $750,000 over a
period of about 10 months for his efforts.
The jury trial heard from three men who said Smith paid them between
$15,000 and $25,000 to haul high-quality "B.C. bud" from Abbotsford to
Saskatchewan and into the U.S. via an illegal border crossing near
Lake Alma between July 1, 2001 and June 22, 2002.
The drugs, packed in Ziploc bags and stuffed in large duffel hockey
bags, were off-loaded in Montana, Washington and California.
McIntyre said the case is certainly a first for Saskatchewan.
"I don't think we've seen a case of this magnitude overall ... There
have been bigger singular busts, but no organized effort like this
one," he said, noting the judge accepted there were about 10 to 13
trips with each one involving about 400 pounds of marijuana.
The scheme unravelled on June 20, 2002 at an illegal border crossing
near Lake Alma when a U.S. border patrol officer stopped a rental van
carrying 391 pounds of pot worth more than $1 million.
That vehicle and others driven by the couriers were rented by
Smith.
"He appeared to be totally responsible for and in control of the
transportation aspect of this operation," said Zarzeczny, who also
accepted Smith neither owned the marijuana nor masterminded the
overall operation.
In December, a jury found Smith guilty of seven changes -- possession
for the purpose of exporting, exporting marijuana, possession for the
purpose of trafficking, trafficking, possession of proceeds of crime,
and two criminal organization offences.
However, Zarzeczny quashed the two possession charges since they arose
from the same offences as the trafficking and exporting.
Although the defence had mounted a constitutional challenge of the
criminal organization charges, it was unsuccessful.
And the legal wrangling may not be over.
"There were some very, very interesting and difficult legal issues
that were argued and decided upon. I for one would like to see some of
those issues aired in the Court of Appeal and maybe even beyond," said
Orris.
McIntyre said the federal Justice Department will also be analyzing
the case over the next month to determine if an appeal is required.
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