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News (Media Awareness Project) - CN SN: Smith Found Guilty On All Counts, Facing Prison Term
Title:CN SN: Smith Found Guilty On All Counts, Facing Prison Term
Published On:2005-12-17
Source:Regina Leader-Post (CN SN)
Fetched On:2008-08-19 02:03:37
SMITH FOUND GUILTY ON ALL COUNTS, FACING PRISON TERM

Despite his lawyer's attempts to have his client home for Christmas, a
40-year-old man who played a pivotal role in one of the largest drug
operations involving this province is in jail.

Given the jury's verdict Friday convicting Daren Wayne Smith of all
seven charges he faced, Justice Ted Zarzeczny revoked his bail and
ordered him taken into custody.

The charges stemmed from an investigation dubbed "Project Farwest"
that uncovered large shipments of "B.C. bud" pot packed in hockey bags
and hauled across the Saskatchewan-U.S. border in vehicles rented by
Smith.

"Until very recently, this was the largest seizure of 'B.C. bud'
marijuana that had occurred in Saskatchewan. It is still, I think, the
largest cash seizure (about $750,000 Cdn) in Saskatchewan," Alan
McIntyre, agent for the federal Crown, said in an interview after the
verdict. One nearly 400-pound shipment worth in excess of $1-million
was intercepted, but witnesses told of making about a dozen similar
trips.

"If you have 10 or 12 trips at close to 400 pounds a trip, you're
talking two tons of 'B.C. bud' in the space of six to nine months.
That's pretty amazing," McIntyre said.

Smith's lawyer Glenn Orris said his client, a married father of two
daughters, was "very disappointed." Wearing handcuffs and leg
shackles, Smith said nothing as he was led from the Regina courthouse.

But Orris hinted that the legal battle is far from over. "We'll plan
to deal with the question of sentencing, of course, and look at it for
the possibility of appeal. It's not over until it's over, I say."

Smith's sentencing has tentatively been set for Feb. 7. Orris has also
applied to mount a constitutional challenge over at least one of the
convictions. Zarzeczny has tentatively set Feb. 1 to hear that
challenge, which is based, in part, on a recent B.C. court ruling
striking down a section of the organized-crime law.

McIntyre said the Crown will seek a "significant" prison
term.

The jury found Smith guilty of seven charges: possession of marijuana
for the purpose of exporting, exporting marijuana, possession for the
purpose of trafficking, trafficking, possession of proceeds of crime,
and two criminal organization charges. The offences occurred between
July 1, 2001 and June 22, 2002.

The jury deliberated about three hours Thursday before being
sequestered for the night. About 45 minutes after resuming
deliberations Friday morning, the jury indicated they had a verdict.

"When the jury came back promptly ... it at least sent a signal to us
that we thought they had been persuaded by the evidence that we had
presented," said McIntyre, who prosecuted the case along with
co-counsel Tim Huber.

Orris had argued Smith should be acquitted because he committed the
crimes under duress, fearing threats from three men the lawyer
identified as "Nick," "Zoran," and a Hells Angels associate. But
apparently the jurors didn't buy it.

"It's just unfortunate that the situation that Mr. Smith found himself
in -- those kinds of situations will continue, and this kind of result
in a case like this simply says that the people who do this kind of
thing will continue to do it," said Orris.

The Crown's key witnesses were three men who said Smith hired them to
courier drugs from B.C. to Saskatchewan and into the U.S. via an
illegal border crossing near Lake Alma. The drugs were off-loaded in
Montana, Washington and California.

Authorities became suspicious in early 2002 about activity around the
illegal crossing after a traffic accident involving one of Smith's
couriers. But a huge break came on June 20, 2002 when a U.S. border
patrol officer stopped a van carrying 391 pounds of pot stuffed in
nine hockey bags. The van was rented by Smith.

Two days later, RCMP raided his Abbotsford, B.C. home and found a
suitcase filled with $568,170 Cdn and $111,920 US.

Two of the couriers who testified cut a deal for community sentences
in exchange for their testimony.

McIntyre said the men identified as "Nick" and "Zoran" as well as
another alleged courier have also all been charged in the
investigation.
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