'DECENT' MAN GETS JAIL FOR DOPE GROW, JUDGE RULES

A "hard-working decent man" who set up a sophisticated marijuana-grow
operation to pay off family debts must serve eight months in jail, a
B.C. Supreme Court judge ruled Tuesday.

Justice Richard Blair sounded exasperated as he questioned Robert
Athay, a Barriere trucker, about how he came to be an illicit dope
grower.

"You are a hard-working decent member of society and you get involved
in this," Blair told Athay as he passed sentence. "You're known as a
good worker. And you get into a marijuana drug grow operation."

What seems incomprehensible is the fact Athay would take on such an
enterprise even though his own teenage daughter was battling an
addiction to drugs at the time, the judge noted.

"It's truly mind boggling that with that background going on you would
get into this hideous business," Blair said.

Athay was busted in November 2007 after RCMP executed a search warrant
at his home, 16 kilometres south of Little Fort. Police found 776
healthy plants, capable of generating $300,000 of marijuana.

Defence lawyer John Gnitt asked the court to impose a conditional
sentence, saying his client has no criminal record.

Athay was looking for a way to pay off $30,000 in debt when he made
the poor choice to grow marijuana. He found information about how to
do it on the Internet.

"He didn't even know where he was going to unload the crap," said
Gnitt.

The lawyer submitted five letters of support indicating this act was
out of character for Athay.

"He is embarrassed. He is worried, as would anybody be in these
circumstances," said Gnitt. "Many people go to jail for growing
marijuana. Some don't."

But Justice Blair said deterrence of people like Athay must be one of
the court's paramount concerns.

"How do we deter people such as yourself from getting into grow
operations? Can it be done by way of a conditional sentence," asked
Blair.

"A conventional jail sentence is required."

The federal Crown had asked the court to jail Athay for 10 months. The
man was also banned from owning firearms for 10 years.