CTVNews.ca Staff
Published Friday, Jul. 6, 2012 11:04AM EDT
Last Updated Friday, Jul. 6, 2012 11:47AM EDT
The Supreme Court has restored a conviction against a Quebec drug dealer rounded up in a huge drug bust in 2006 that led to the downfall of a well-known criminal lawyer.
The court ruled that while Carmelo Venneri was not an actual member of a drug ring bringing cocaine into Quebec through Vancouver, he knew that he was dealing with a criminal organization when he sold them the drugs.
Venneri was charged with eight offences in March, 2006 when he was arrested as part of Operation Piranha, a large Surete de Quebec investigation into the drug ring.
Police arrested 23 people over a number of months in that investigation, and uncovered 49 kilograms of cocaine, along with thousands of Viagra pills and small quantities of hashish and marijuana.
The bust was noteworthy in that it led to the arrest of longtime criminal lawyer Louis Pasquin, who became the first lawyer in Canada convicted of gangsterism.
Pasquin was convicted of acting as a liaison between the head of the drug ring, Louis-Alain Dauphin, and the pilot who transported the drugs from Vancouver into Quebec.
Pasquin was found guilty of drug trafficking, drug possession and conspiracy. He was sentenced in June 2009 to a 54-month prison but quickly filed an appeal and was released on bail. He hasn’t practised law since.
Friday’s Supreme Court ruling concerned Venneri, who was convicted of eight offences for his part in the operation and sentenced to six years in prison.
The Supreme Court heard that the raid that netted the 49 kilos of cocaine was conducted in October 2005. Following that raid, Dauphin turned to Venneri for help because his previous drug source refused to supply him with any more cocaine.
Venneri, who had previously bought drugs from Dauphin, agreed and began to supply Dauphin instead. The arrangement ended in March, 2006, when Venneri was arrested along with Pasquin.
When Venneri went to trial, he was convicted of the eight charges including “the commission of an offence for a criminal organization” and “instructing the commission of an offence for a criminal organization” – two similar but subtly distinct charges.
The Quebec Court of Appeal later acquitted Venneri of both offences because it said there was not enough evidence that Venneri was an actual member of Dauphin’s organized drug ring.
They also ruled he had not trafficked in cocaine “in association with” a criminal organization, but for himself instead. It also quashed Venneri’s conviction for possession of cocaine for the purpose of trafficking.
On Friday, in a 7-0 ruling, the Supreme Court upheld Venneri’s acquittal of "committing an offence for a criminal organization," saying it was clear that Venneri "played no role within" the drug ring.
“In this case, V was an associate of D rather than a member of his criminal organization. V operated with a high degree of independence and showed little or no apparent loyalty to D and his associates. They did not share mutual clients. Nor did V have any real stake or financial interest in D’s organization,” the court explained.
"The dealings between V and D were autonomous transactions between like minded criminals, each guided by their own self interest. At all times, V was only a client or supplier of the organization -- an independent opportunist. He played no role within the organization.”
But the court also ruled that although Venneri was not an actual member of the ring, he was still guilty of the other charge of “instructing the commission of an offence for a criminal organization."
The court said it was clear that Venneri knew -- or should have known -- that he was dealing with a criminal organization when he sold Dauphin cocaine.
“There is ample evidence that V knew that D was operating a large drug trafficking organization ― or made himself willfully blind to that obvious fact,” the court said.
“And the evidence leaves no room for doubt as to the required nexus between D’s organization and the offence of trafficking committed by V. The organization received a direct benefit from the commission of the offence.”
Friday's ruling should give lower courts guidance on what constitutes a criminal organization.
Dauphin, who was once one of the largest drug traffickers in the lower Laurentians, pleaded guilty in 2007 for his part in the ring. He is currently serving a nine-year sentence.
