NEW TRIAL ORDERED IN OPIUM CASE

Judge Allowed Evidence 'Clearly Prejudicial' To North Vancouver
Couple, Appeal Court Finds

The B.C. Court of Appeal has ordered a new trial for a North Vancouver
couple convicted of importing more than three kilograms of opium
concealed in picture frames shipped from Iran and Dubai.

The unanimous decision by a three-judge panel, written by Justice John
Hall, found that Reza Eshghabadi and his wife Ashraf Nabiloo did not
receive a fair trial because of a line of questioning by the Crown
prosecutor, who suggested one of the accused had been involved in
another shipment of goods containing opium in 2002.

"This suggestion tended to portray him as an habitual dealer in
drugs," Hall said in his reasons for judgment.

"In my view, this line of questioning caused the trial to be
unfortunately diverted from a consideration by the jury of the charges
in the indictment into an argument about whether there had or had not
been drugs concealed in the earlier shipments in May or July of 2002."

Hall added that the trial judge should not have permitted this line of
questioning and, once the questioning occurred, "the judge ought to
have carefully instructed the jury to pay no heed or consideration to
this unsubstantiated suggestion. The failure to do this was clearly
prejudicial to the interests of the appellants."

On Nov. 3, 2003, Vancouver customs officers discovered about two kg of
opium concealed in the frames of two pictures in a shipment of melons
imported from Iran by air. The consignee was Nabiloo and the goods
were destined for the couple's North Vancouver residence.

At the time, police didn't have the resources to permit a controlled
delivery of the shipment, so officers removed the pictures and the
shipment was delivered without the opium.

About three weeks later, on Nov. 23, another shipment of consumer
goods similarly addressed arrived at the Vancouver airport from Dubai.
This shipment contained 1.5 kilograms of opium hidden in two pictures.

Police then decided to make a controlled delivery. The couple were
observed at the airport on Nov. 25, filling out forms related to this
shipment. The package was released to the couple, who were followed to
their residence.

Police arrested Eshghabadi as he was leaving his residence. The police
found 98 grams of opium in his possession as well as a broken picture
frame. Eshghabadi had told the police that he was going to the house
of a friend to smoke opium. He said he and his wife were opium addicts.

The police entered the residence and found the picture containing the
opium, which hadn't been opened yet. The fingerprints of both accused
were on the picture.

Also seized from the residence were electronic scales, a small amount
of opium and other pictures similar to those that had been used to
conceal the opium. None of these pictures were found to contain opium.

Documents found at the residence indicated the accused and their son
had travelled between Canada and Iran on a number of occasions between
2001 and 2003. The documents also related to two other shipments of
goods received in 2002 from Dubai.

At trial, the couple were convicted of two counts of importing opium
and possession for the purpose of trafficking.

An expert witness testified the 98 grams of opium found in the
possession of Eshghabadi would represent a 30-day supply for a daily
user of opium.

The value of the opium discovered in the Nov. 3 shipment was estimated
to be $45,000 if sold by the kilo and $100,000 if sold by the gram.
The value of the opium in the second shipment would be about $32,000
if sold by the kilo and $75,000 if sold by the gram.