Regina Leader-Post

Van was ‘up to no good’ — but not his client, lawyer says

- BARB PACHOLIK bpacholik@postmedia.com

If a man is arrested driving a van loaded with cocaine, along with several cellphones, his personal belongings, a few energy drinks and a map to a meet location — does that necessaril­y mean he was the same person who picked up the drugs?

It was among the arguments put before the Saskatchew­an Court of Appeal on Wednesday as a convicted cocaine courier seeks a reversal of the guilty verdict that drew a nine-year prison sentence.

Ronald Charles Learning, originally from Golden, B.C., was busted seven years ago as part of an investigat­ion into one of Saskatchew­an’s largest drug importatio­n schemes.

As Learning watched via video link from a B.C. prison, his lawyer argued the Crown’s case, built on circumstan­tial evidence, was insufficie­nt to find the now 35-yearold man guilty.

“I submit the learned trial judge filled in the blanks,” defence lawyer Matthew Schmeling said.

But federal Crown prosecutor Wade Mcbride argued the trial judge assessed the evidence and reached certain sound conclusion­s. “There’s no evidence anyone else was in the van,” he added.

Justices Neal Caldwell, Peter Whitmore and Robert Leurer reserved decision on the appeal.

One of six men arrested as part of an internatio­nal investigat­ion into drug smuggling across the Saskatchew­an-u.s. border, Learning was the last to be sentenced.

Court heard Learning was the substitute driver on a single load, followed from the Saskatchew­an border and intercepte­d by members of the Regina Integrated Drug Unit. He’d been hired to move 30 kilos of cocaine bricks, worth between $1.2 million and $2.3 million. Working with an inside man, the RCMP substitute­d the real cocaine — but for about nine grams — for fake powder bricks before it was picked up by a courier near the border south of Val Marie on Oct. 1, 2011. The bricks were in hidden compartmen­ts in a Windstar van.

The van was under surveillan­ce from Saskatchew­an to Salmon Arm, B.C., where it was stopped and the lone occupant — Learning — arrested. In April 2016 after a trial, Regina Provincial Court Judge Marylynne Beaton found him guilty of possession of cocaine for the purpose of traffickin­g.

Schmeling argued Beaton erred in admitting the certificat­es of analysis of drugs into evidence and had reached an unreasonab­le verdict based on her analysis of the evidence.

On the issue of reasonable­ness, he said there was contradict­ory evidence and imperfect surveillan­ce. It’s possible someone else had taken the van to the pick-up location, making Learning an unwitting “dupe,” unaware of the van’s cargo.

“The van was up to no good,” said Schmeling, adding that didn’t necessaril­y mean his client was as well. He argued that given a surveillan­ce gap, there are many possibilit­ies. “Aliens?” quipped Caldwell. Mcbride said Beaton made a reasonable inference that Learning and the courier at the pick-up point was the same person. In the absence of an overriding error, “this court is not in a position to unravel the findings of the trial judge,” he added.

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