Smuggler says boss made him do it

A truck driver caught smuggling more than 11,000 kilograms of tobacco across the Canadian border claimed he was forced to do so by his employer.

Amalaseelan Thomas was arrested Feb. 17, 2017, after Canada Border Services Agency officers discovered 11,200 kilograms of loose tobacco in a transport truck after it crossed the Queenston-Lewiston Bridge.

Thomas, a 57-year-old resident of Mississauga, pleaded guilty to several charges under the Customs Act at an earlier date and returned to Ontario Court of Justice in St. Catharines on Tuesday for sentencing.

Judge Peter Wilkie imposed a one-year probationary period and ordered the defendant to perform 100 hours of community service.

He described Thomas as “a very small cog in a much bigger machine” and, as such, “should not bear the full burden of the offence.”

“Somebody stood to make an awful lot of money from this … it wasn’t this man,” the judge said.

The Crown had asked the judge to consider imposing a conditional sentence of 12 months which would have included four months of house arrest.

The prosecutor argued Thomas may not be a major player in the sophisticated smuggling operation but he did make the decision to transport the tobacco across the border.

“Yes, he could have chosen to walk away from his job but that’s a tough thing to ask a man who is supporting a large family,” the judge replied.

Defence lawyer John Lefurgey said his client, who has no criminal record, was co-operative with authorities.

Thomas told a probation officer his boss had forced him to participate in the criminal enterprise. He believed his employment would be in jeopardy if he refused to comply.

“This is an economic crime where the person who organized the scheme and stood to benefit from the unlawful conduct has not been brought to justice,” the judge said.

Wilkie said he doubts Thomas would have ended up on the wrong side of the law if not for his “unscrupulous employer.”

“Mr. Thomas is a throwaway to them. He’s a pawn in their game.”