West Kelowna man fails in bid to turn over drug convictions

Three men who were convicted of charges related to a high stake cocaine importation scheme had their appeal dismissed

Kelowna Law Courts

Three men who were convicted of charges related to a high stakes 2010 scheme to ship a large quantity of cocaine into Kelowna through a fruit grinding machine have failed in their attempt to appeal the verdict.

West Kelowna’s Clifford Roger Montgomery, Surrey’s Tariq Mohammed Aslam and Mexican national Salvador Ascencio-Chavez will have to continue serving the sentences they were handed in 2014 when, after a 70 day trial, a B.C. Supreme Court judge found them guilty  possession of cocaine for the purpose of trafficking and conspiracy to traffic in cocaine.   Ascencio and Montgomery were also convicted of conspiracy to import cocaine.

They had tried to have those convictions overturned through a significant number of  complaints, including the validity of the wiretap, the validity of the search warrant and whether the search warrant was executed in a reasonable manner. They contested the use of data recovered from a BlackBerry and said that failure to bring Montgomery before a justice of the peace within 24 hours of his arrest was in contravention of the Criminal Code. They also argued that the conspiracy to import conviction was unreasonable.

Despite a list of 13 arguments, with connected sub-arguments,  dealing with what made it to court and how it got there,  Justice David Frankel dismissed the appeal, finding that Justice Alison Beames was reasonable in her conclusions.

On the argument against the conviction itself, he found her decision to be particularly reasonable.

“A substantial body of evidence supports the inferences drawn by the trial judge that Mr. Ascencio and Mr. Montgomery were parties to an agreement to import the cocaine hidden in the fruit-grinding machine into Canada,” wrote Frankel. “Accordingly, their convictions cannot be said to be unreasonable.”

The three were arrested after Kelowna-bound cocaine being imported to Canada from Argentina,  was seized by Canada Border Services Agency  officers at Vancouver International Airport’s Air Cargo Operation, launching an elaborate RCMP investigation.

Salvador Ascencio-Chavez, 47, a Mexican national, was sentenced to 13 years.  Clifford Roger Montgomery, 37, was sentenced to 14 years,  and Tariq Aslam, 36, was sentenced to seven year

Just Posted

New summer market hits Kelowna

Craft Culture and Manteo Resort will host a summer market this weekend

Two Okanagan artists showcased in Kelowna Gallery

The gallery will welcome guests for free on August 2

Further mediated talked scheduled in casino strike

Gateway and BCGEU schedule talks for July 20-22

Rail trail connection drives ahead

Coldstream connects Vernon to Lake Country

West Kelowna’s music in the park will rock this Friday

This Friday’s Music in the Park will feature rock and country group… Continue reading

Course veterans seize victory in Peach City Classic

The first place titles in this year’s triathlon belonged to returning competitors.

B.C. teen meets Nicolas Cage

Filming mob movie in downtown Vernon, B.C.

Critics claim Trump “defended a tyrant”

Trump questions US intel, not Putin, on Russia 2016 meddling

B.C. MLAs choose new children’s watchdog

Jennifer Charlesworth has worked in government, social services

B.C. reporter calls out immigration photo on social media as fake news

A Vancouver reporter is calling out a British politician for spreading fake news

Acclaimed singer-songwriter Matt Epp to rock Okanagan

Performances in Kelowna July 20, Vernon July 21

Hundreds of Arctic glaciers shrinking, disappearing

Out of 1,773 glaciers, 1,353 shrank significantly between 2000 and 2016

Indigenous housing providers worried Liberal proposals could put families on the streets

Indigenous housing providers raise alarms about future of federal funding deals

Incredible sight in Okanagan night sky

Vernon resident Martin Impey caputure the new moon in conjunction with the planet Venus

Most Read