Pubdate: Wed, 20 Jun 2007
Source: Ottawa Citizen (CN ON)
Copyright: 2007 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Steven Edwards

CANADIAN TO APPEAL DUBAI DRUG CONVICTION

Anti-Narcotics Official Fights 4-Year Sentence

UNITED NATIONS - Sentenced to four years in an Arab prison yesterday, 
Canadian anti-drugs official Bert Tatham vows to clear his name of 
his drug possession conviction.

Within minutes of the verdict in Dubai, the Vancouver resident 
instructed his lawyers to launch appeal proceedings.

At their home in Collingwood, Ont., his stunned parents declared they 
will travel to the Middle East emirate to give their son, 35, moral support.

His 28-year-old fiancee, a Victoria elementary school teacher, will join them.

"I know he's strong, but we'll do what it takes to get him out of 
this," said Sara Gilmer from her home. "For now it's a matter of 
sending him positive thoughts."

Beyond the legal appeal, Mr. Tatham's lawyers plan to apply for an 
amnesty ruling from Dubai's ruler, Sheik Mohammed bin Rashid Maktoum. 
Discreet high-level contacts -- in this case by members of Canada's 
foreign service -- can sometimes move such applications along.

But, Mr. Tatham's mother, Louise, yesterday expressed little faith in 
the level of help she and her husband, Charlie, feel Canadian 
consular officials have so far given.

He's yet to receive even reading materials Canadian officials said 
they'd get to him, he told Dubai-based family friend Michael Cullip 
shortly after the verdict.

Yet, his fellow German inmates have all the magazines they can carry, he noted.

"We don't feel we've had any effective help at all so far," said Mrs. 
Tatham. "They said, 'Don't worry, whatever we're doing, we're doing 
it quietly.' But look what's come of that: My son is in jail for four years."

A three-judge panel sentenced Mr. Tatham after finding him guilty of 
entering Dubai on April 23 with two poppy flowers and a tiny quantity 
of hashish -- both banned substances in the emirate -- despite 
defence arguments the possession had been job-related.

Mr. Tatham had flown into Dubai after completing the first leg of a 
return trip to Canada from Afghanistan, where he'd spent the previous 
12 months working in drug eradication, which involved handling the 
narcotics he had with him.

While he said he intended to use the poppy flowers as props while 
giving lectures in Canada, he speculated that he'd inadvertently 
neglected to dispose of the hashish before leaving Afghanistan.

"We plan to register the appeal this week, and go forward after 
obtaining a copy of the judgment next week," said Sharif Emara, legal 
adviser to Mr. Tatham's lawyer, Saeed Al-Ghailani.

"At the same time, we plan to point out mistakes in the judgment to 
(the emirate's ruling) prince, and ask that he grant a special amnesty."

Mr. Emara said Mr. Al-Ghailani will take the case to Dubai's supreme 
court if necessary.

If any of those efforts fail, Mr. Emara said he was hopeful Dubai's 
ruler would include Mr. Tatham in an expected mass amnesty for 
non-threatening offenders at the Islamic Ramadan observance, 
beginning Sept. 12.

"He will respect everyone at that time," Mr. Emara said, "whether 
they are Muslim or Christian."

Canadian Foreign Affairs spokesman Rodney Moore refused to comment on 
Mr. Tatham's case, citing privacy restrictions.
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MAP posted-by: Jay Bergstrom