Pubdate: Thu, 02 Feb 2006
Source: Penticton Herald (CN BC)
Copyright: 2006 The Okanagan Valley Group of Newspapers
Contact:  http://www.pentictonherald.ca/
Details: http://www.mapinc.org/media/664
Author: Laurena Weninger
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

PLENTY OF DRUGS, NO CONVICTIONS

OSOYOOS -- At the time, it was called the largest drug bust ever at
the Osoyoos border crossing, but now justice officials and police say
they can't make a case.

Charges were recently dropped against the man caught trying to drive a
transport truck full of pot across the Osoyoos border crossing last
summer and justice officials say it's because they just can't win the
case.

"Criminally, it's going unpunished. Nobody's going to have to answer
for it .. criminally, it's about as far as we can go with it," said
Sgt. Kevin Schur, of the South Okanagan RCMP detachment about the bust
that was considered the largest drug bust in the history of the
Okanagan-Kootenay district of the Canada Border Services Agency.

Jasdeep Singh Litt, of Surrey, B.C., was driving the transport truck
carrying approximately 102 kg of pot, sealed in 192 vacuum-sealed
bags. The drugs were stashed in the roof of the cab, above an
electronically-rigged platform that was connected to the truck's
electrical system.

Drug detector dog Shad and his controller, Robbin Walterhouse,
discovered the drugs during an inspection of the truck before it
crossed into the U.S., and Litt had been charged with possession for
the purpose of trafficking and unlawfully exporting drugs.

But the charges were dropped.

"I believe what happened with that one is there was some question as
far as pegging down the person and tying (him) to the drugs," Schur
said. "Basically, in this type of situation, if there's a transport
truck and it's not an owner-operator (driving the truck), if it's a
driver for hire and they just get paid to hop in the truck and the
load is there and they deliver it to wherever, then the problem is
proving they had guilty knowledge of what's in that load."

Lyse Cantin, spokesperson from the B.C. region of the federal
department of justice, said they can't give out the specific reasons
the case was dropped.

"Basically, what the prosecution looks at is whether there is a
reasonable prospect of conviction. If there isn't then the charges are
dropped."

She said there are strict measures taken by the federal prosecutors to
ensure justice will be served. Just because Litt was found in the
truck containing the drugs doesn't mean he is guilty.

"There's obviously a crime -- but if you can't link it to a person,
there's no reasonable prospect of conviction. I could give you
hundreds of reasons why charges might be stayed."

Schur said it's a bit frustrating.

"We always want to get a conviction, which is the deterrent, but in
the end if we are getting the drugs and the vehicle associated with
it, that's certainly going to hurt whoever is responsible for it."

He said that he understands the border services agency is attempting
to have the transport truck forfeited.

"They're not letting it go," he said. "The vehicle was altered in such
a way that it couldn't be released anyway."

But Paula Shore from Canada Border Services wouldn't confirm what
actions are being taken, nor does she think this sends an encouraging
message to those considering an attempt to smuggle drugs.

"I certainly hope people realize trying to import illegal drugs is
illegal, and each case goes before the court," Shore said.

"What is important to us, is these drugs are off the street."
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MAP posted-by: Larry Seguin