JUDGE CUTS SHORT LAWYER'S DRUG DEBATE

Defence Of Major-League Trafficker Argues That Cocaine Isn't 'The
Scourge Of Society'

In a display of chutzpah rarely seen in B.C. Supreme Court, a
major-league drug trafficker argued he should not be jailed for 20
years because cocaine is not the menace people think.

Quoting a court judgment from 25 years ago and a 12-year-old report
of the World Health Organization, the defence lawyer for David James
Oliynyk said judges were wrong to base sentences on popular fears
about cocaine's addictive qualities or the apparent squalor of street
users on the Downtown Eastside.

John Conroy, who has long advocated an end to the current criminal
drug prohibition, said the widespread concern that cocaine is linked
with violence and is highly addictive is a "gross misstatement of reality."

"It is not to be presumed that cocaine is the scourge of society as
some judges refer to it," he told Justice Anne MacKenzie. "Apparently
it's not highly addictive. . . . Used moderately it may cause no
problem for the user."

The judge did not appear amused.

In fact, MacKenzie looked archly at Conroy and told him she had no
intention of determining a sentence by driving around town nor of
letting him waste court time debating the scientific evidence about
cocaine addiction.

"I'm bound by the law," she told him, "and the law considers cocaine
a dangerous drug."

The Crown is pushing for a stiff, 20-year sentence for Oliynyk and
equally tough 15-year and 12-year terms respectively for his two
co-accused, Joseph Elwood Robert Lepage and Lloyd Allan Ferris.

The reasoning of prosecutors seems pretty plain -- these three
middle-aged men were involved in large-scale drug smuggling and for
Oliynyk it was his second big-time offence.

Even Conroy acknowledged his client probably deserved a prison term
of at least 10 years.

Back in 1989, when he was the treasurer of the Hells Angels White
Rock chapter, Oliynyk was busted trying to buy 13.5 kilograms from an
undercover officer.

He was released from prison in 1995, apparently resigned from the
motorcycle club, and seemingly took up where he left off in the drug business.

As the Crown noted, his determination, resourcefulness, resilience
and connections as the directing mind of this group indicate he was
operating a continuing, highly sophisticated conspiracy. Prosecutors
say he is an experienced and professional drug importer and dealer.

Neither Lepage nor Ferris have criminal records.

The three, who were convicted last November, sat Thursday slumped in
armchairs -- Lepage listening to a French translation of proceedings
though a headset, Oliynyk and Ferris beside each other scribbling
notes and occasionally conferring animatedly.

Ferris was arrested in Oregon in February 2001 by state police who
found 32 kilogram-sized bricks of individually packaged cocaine
inside a black duffle bag in the rear of his truck.

The police believe that was only a third of the shipment being delivered.

The defence suggested to MacKenzie that Oliynyk was in charge, Ferris
drove the drugs south and Lepage negotiated prices and arranged the
buys in California from a man known as "the little Mexican."

But the Crown believes that minimizes their roles -- Oliynyk and
Lepage were much closer to being equals and, although Ferris worked
for them, police believe he was much more involved than as a simple courier.

Also, these men were arrested as part of a huge international
law-enforcement investigation aimed at disrupting several large-scale
smuggling gangs based in B.C. and spanning the continent.

There have been numerous legal proceedings in Canada and the U.S.
because of the arrests and staggering seizures of illicit drugs,
property and other assets as a result of Project Exacto-Two. This
sentencing and a concurrent trial of a group involved in marijuana
production and smuggling are the final chapters.

Evidence indicates there were a handful of independent organized
criminal groups -- one shipping huge quantities of marijuana south,
another transporting bales of B.C. bud to the eastern seaboard and at
least two groups sending pot south and bringing cocaine back into
Canada. These three were involved in the latter business.

Oliynyk also was a close associate of Gerard Morin -- a 48-year-old
with a history of weapons offences.

Morin was one of the initial targets of the original police
investigation called Project Exacto, whose goal was to solve the 1996
contract murder of a Fraser Valley marijuana grower and the
disappearance of his partner.

Following Morin, detectives uncovered a broad network of independent
criminal organizations making millions of dollars from drug trafficking.

In this case, the court heard that cocaine bought for between $4,000
and $6,000 in Colombia could be sold in the U.S. for between $18,000
and $24,000 and in Canada for between $28,000 and $36,000.

The 30-plus kilograms Ferris was transporting north was estimated to
be worth between $832,000 and $1.88 million if sold by the kilogram
in B.C. -- exponentially more if broken up into smaller packages.

Conroy wants MacKenzie to believe this deal was a one-off affair
because the smugglers were having difficulty buying Canadian currency
in their money-laundering efforts.

That struck me as fanciful -- and about as useful as asking the judge
to think they were smuggling something akin to Aspirin.

Although they were convicted of conspiracy to import cocaine, the
defendants admit being involved as well with massive marijuana smuggling.

The sentencing hearing continues today in New Westminster.