B.C.'S BIGGEST POT CASE ENDS WITH 3 1/2- TO 7-YEAR JAIL TERMS

Judge Sentences Five Men for Shipping $50 Million of Bud to the U.S.

The largest marijuana prosecution in B.C. history ended with the
sentencing of five men to prison terms ranging from 31/2 to seven
years for shipping $50-million worth of bud to the U.S.

After years of legal jockeying and a marathon year-long trial, B.C.
Justice Selwyn Romilly convicted Wade Adam, Sean Doak, Robert Hamm,
Byron Newberry and Trevor Zacharuk.

He sentenced Doak to seven years imprisonment and Newberry to five,
while Hamm, Adam and Zacharuk each got 3 1/2 -years' incarceration
for being "foot soldiers."

"Tens of millions of dollars were realized by the conspirators in
this illegal enterprise," Romilly said in his lengthy written
judgment, released Friday.

"Crown counsel submitted that this is the largest conspiracy of its
kind ever brought before the courts in British Columbia, and the
largest group ever convicted for this type of activity in British Columbia."

Romilly decided Doak was a "kingpin" and evidence indicated he made
as many as 100 phone calls a day managing the illegal enterprise that
grossed more than $50 million.

Many others also have been convicted or pleaded guilty as a result of
the sprawling international multi-force investigation that snared
these five men in 2001 and exposed a handful of major independent,
British Columbia -based drug smuggling organizations.

These separate groups used airplanes, helicopters, semi-trailers, and
couriers who infiltrated the U.S. by sneaking across the border on foot.

The evidence showed this particular group made at least 13 deliveries
by semi-trailer consisting of between 300 and 600 pounds of marijuana
fetching a price of $2,500 US per pound -- that's between $750,000
and $1.5 million a load.

This phase of the sophisticated operation alone realized about $10
million US, Romilly said, at a time the U.S. dollar was up to 40 per
cent higher than the Canadian dollar.

Their air bud arm flew at least two successful Cessna trips into the
U.S. and delivered at least $1 million US worth of pot.

Helicopters made two to three trips a day south of the border laden
each time with about 150 pounds of marijuana, earning the criminals
some $36 million US.

At least eight so-called mules were used to carry hockey bags stuffed
with 50 pounds of pot across the border bringing in another estimated
$4 million US, the evidence showed.

Newberry, who ran the semi-trailer side of the operation, was Doak's
main lieutenant and was responsible for recruiting for the organization.

Apart from Doak, though, Adam was the one accused who also knew all
the other participants in the conspiracy, and there were many others
indicted and unindicted co-conspirators in the Fraser and Okanagan valleys.

If problems surfaced regarding the delivery of product, it was Adam's
responsibility to sort this out.

Zacharuk assisted in several ways: he collected marijuana from
suppliers; packaged and labelled it for the customers and ensured it
was delivered to the various modes of export.

Hamm was Doak's primary receiver in America, according to the
evidence, who ensured the marijuana was stored in various locations
stateside and then delivered it to the American customers.

The group operated a large number of marijuana-growing operations,
even keeping pay sheets of employees.

They were not averse to using "enforcers" to threaten delinquent customers.

In one police-monitored call, for instance, a man named Kevin was
told "he better talk to his priest."

The Crown wanted the men sentenced to much longer terms of
incarceration, about double what they received.

Defence lawyers argued for leniency -- proposing short time,
conditional sentences and even probation.

A 33-year-old with a wife and child and no prior convictions, Doak
filed 45 letters of support from members of the community, including
one saying he had joined Alcoholics Anonymous.

He says he is addicted to alcohol, cocaine, heroin and marijuana
although he's spent about six years under bail supervision.

Newberry, 52, who is divorced with two kids, claimed these charges
and the negative publicity have adversely impacted his legitimate
real estate business.

Described by his probation officer as "a charismatic, hard-working
individual," Newberry said he became involved in this illicit venture
because he was lured by the notion of "easy money."

The three others were said to have been less involved in the planning
and running of the operation.

Adam, 33, is a separated father of three and a commercial helicopter
pilot with no prior record.

Zacharuk, 31, whose two young kids live with their mom, apparently
became involved with the group initially because of his skill
building marijuana-growing rooms.

He was soon promoted to higher roles within the organization as trust
developed and eventually he said he "got caught up in the lifestyle
of big money, lots of action and an ever increasing use of drugs."

His lawyer said he was just a "foot soldier."

Hamm, a pastor and valedictorian in Bible College, told Romilly he
was hooked on various drugs and his addiction led him astray.

The judge, however, was not entirely swayed.

"Permit me to say, that even if the range of sentences suggested by
defence counsel is indeed correct, the case at bar represents a
unique set of facts," he said.

"As such, it mandates a departure for the acceptable range of
sentence for these types of offences."

Yet the judge gave the men a break because he thought the publicity
"should be taken into some account as a mitigating factor" in this
unprecedented case.

"In my view, the conspirators have largely been rehabilitated by
virtue of having to endure the consequence of their arrests, the
stigma in their communities, and this marathon of a trial, as well
as, in some cases, the expenditures of significant sums to retain and
instruct counsel," Justice Romilly wrote.

Aside from his prison sentence, Doak was ordered to forfeit
electronic stereo and TV equipment, two satellite dishes, a lawn
mower, and $18,755 in Canadian currency.

Newberry forfeited $1,030 US, $38,815 in Canadian cash, a man's black
onyx ring, and an electronic money counter.

Hamm, who has been in pre-sentence custody for 128 days, was given
double credit for the time he has served, so about 8 1/2 months will
be deducted from his 42-month sentence.