MAN HELD FOR EXTRADITION TO U.S.

There is enough evidence linking a Kamloops man to a marijuana
drug-smuggling ring to order his detention pending extradition to the
U.S., a judge ruled Tuesday.

B.C. Supreme Court Justice Daphne Smith granted an application from
the federal Crown for a warrant for Cody Douglas Loewen, 23, pending
extradition to Oregon to face drug charges there.

U.S. authorities filed a warrant of extradition naming Loewen in July
2006. Information provided by U.S. authorities indicate prosecutors
believe they have a strong case against Loewen and want him
transported to Oregon to face trial.

American officials allege Loewen was a courier, a member of a criminal
group involving several other individuals who moved large quantities
of marijuana -- as much as 180 kilograms at a time -- between three
states.

A co-accused is expected to testify Loewen moved drugs three to five
times between May and November 2002, when Loewen was 19 years old.

Affidavits filed in court by U.S. prosecutors in support of the
request for Loewen's extradition allege Loewen was part of a
conspiracy involving both Americans and Canadians.

One of the Canadians, George Moutsos, hired Loewen to help move the
drugs between Washington, California and Oregon, said Smith, referring
to the evidence.

Moutsos and Loewen were tracked on several occasions travelling from
Vancouver to Portland, Ore.

On numerous occasions, they went to a warehouse where another man
provided them smuggled drugs for distribution, according to the U.S.
evidence.

Loewen allegedly assisted in loading packages of the smuggled drugs,
which ranged from 150 to 800 pounds, and then transported and
delivered them to customers.

On one occasion, U.S. authorities say Loewen delivered US$140,000 to
another Canadian on behalf of Moutsos.

Sometimes Loewen worked with Moutsos, other times he worked alone.
When working together the two men used a cover story that they were
travelling to California to participate in BMX riding events.

During the extradition hearing in Kamloops last month, Loewen's lawyer
challenged the sufficiency of the evidence related to Loewen's
knowledge of the nature of the substance he was transporting.

As a result, the court should refuse to send the man to the U.S. to
face charges there.

Justice Smith ruled, however, that there are various pieces of
circumstantial evidence from which reasonable inferences can be drawn
that Loewen knew he was involved with smuggling drugs.

The judge noted the evidence also suggested Loewen operated a
marijuana grow operation at a house in Kamloops on behalf of Moutsos.

"It is reasonable to infer that Loewen would know, based on his
previous relationship with Moutsos, that the object . . . would be the
transportation and delivery of illegal drugs," she said.

"He was with a drug dealer. The evidence . . . raises a reasonable
inference that Loewen knew he was transporting illegal drugs. . . ."

The judge said even if the evidence proves insufficient to establish
that Loewen was, in fact, a member of the conspiracy, it is capable of
raising reasonable inferences that he knew he received, transported
and delivered smuggled marijuana across the western U.S.

Loewen will not be immediately turned over to U.S. authorities,
however. The Extradition Act gives individuals 30 days before they are
surrendered, to allow them the opportunity to appeal.

Loewen is charged in Oregon with being part of a conspiracy to traffic
marijuana. If he is convicted of trafficking marijuana, Loewen faces a
minimum of five years in prison to a maximum of 40 years.

Extradition is the surrender, at the request of another country, of
someone who is either accused or convicted of a crime in the other
country. It differs from deportation, which is an immigration matter.

Federal law permits extradition of Canadian citizens to countries with
which Canada has negotiated reciprocal agreements.

Canada has signed extradition treaties with the U.S., meaning both
countries agree to surrender wanted individuals once specific legal
requirements have been met.

In Canada, prosecutors must show the court only that there is strong
evidence linking a person to a crime committed in the U.S., and that
the offence would also be considered a crime had it been committed
here.

The standard of proof required to meet the test is not high, more akin
to a preliminary hearing than a trial. The expectation is an
individual, if extradited, will face a trial in the other country.