Pubdate: Wed, 23 May 2007 Source: Kamloops Daily News (CN BC) Copyright: 2007 Kamloops Daily News Contact: http://www.kamloopsnews.ca/ Details: http://www.mapinc.org/media/679 Author: Robert Koopmans 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. - --- MAP posted-by: Derek