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News (Media Awareness Project) - Canada: Canadian To Appeal Dubai Drug Conviction
Title:Canada: Canadian To Appeal Dubai Drug Conviction
Published On:2007-06-20
Source:Ottawa Citizen (CN ON)
Fetched On:2008-08-17 00:15:21
CANADIAN TO APPEAL DUBAI DRUG CONVICTION

Anti-Narcotics Official Fights 4-Year Sentence

UNITED NATIONS - Sentenced to four years in an Arab prison yesterday,
Canadian anti-drugs official Bert Tatham vows to clear his name of
his drug possession conviction.

Within minutes of the verdict in Dubai, the Vancouver resident
instructed his lawyers to launch appeal proceedings.

At their home in Collingwood, Ont., his stunned parents declared they
will travel to the Middle East emirate to give their son, 35, moral support.

His 28-year-old fiancee, a Victoria elementary school teacher, will join them.

"I know he's strong, but we'll do what it takes to get him out of
this," said Sara Gilmer from her home. "For now it's a matter of
sending him positive thoughts."

Beyond the legal appeal, Mr. Tatham's lawyers plan to apply for an
amnesty ruling from Dubai's ruler, Sheik Mohammed bin Rashid Maktoum.
Discreet high-level contacts -- in this case by members of Canada's
foreign service -- can sometimes move such applications along.

But, Mr. Tatham's mother, Louise, yesterday expressed little faith in
the level of help she and her husband, Charlie, feel Canadian
consular officials have so far given.

He's yet to receive even reading materials Canadian officials said
they'd get to him, he told Dubai-based family friend Michael Cullip
shortly after the verdict.

Yet, his fellow German inmates have all the magazines they can carry, he noted.

"We don't feel we've had any effective help at all so far," said Mrs.
Tatham. "They said, 'Don't worry, whatever we're doing, we're doing
it quietly.' But look what's come of that: My son is in jail for four years."

A three-judge panel sentenced Mr. Tatham after finding him guilty of
entering Dubai on April 23 with two poppy flowers and a tiny quantity
of hashish -- both banned substances in the emirate -- despite
defence arguments the possession had been job-related.

Mr. Tatham had flown into Dubai after completing the first leg of a
return trip to Canada from Afghanistan, where he'd spent the previous
12 months working in drug eradication, which involved handling the
narcotics he had with him.

While he said he intended to use the poppy flowers as props while
giving lectures in Canada, he speculated that he'd inadvertently
neglected to dispose of the hashish before leaving Afghanistan.

"We plan to register the appeal this week, and go forward after
obtaining a copy of the judgment next week," said Sharif Emara, legal
adviser to Mr. Tatham's lawyer, Saeed Al-Ghailani.

"At the same time, we plan to point out mistakes in the judgment to
(the emirate's ruling) prince, and ask that he grant a special amnesty."

Mr. Emara said Mr. Al-Ghailani will take the case to Dubai's supreme
court if necessary.

If any of those efforts fail, Mr. Emara said he was hopeful Dubai's
ruler would include Mr. Tatham in an expected mass amnesty for
non-threatening offenders at the Islamic Ramadan observance,
beginning Sept. 12.

"He will respect everyone at that time," Mr. Emara said, "whether
they are Muslim or Christian."

Canadian Foreign Affairs spokesman Rodney Moore refused to comment on
Mr. Tatham's case, citing privacy restrictions.
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