Judge says prison ‘too harsh’

Fired Black Berry manager gets 21 months in jail on cocaine trafficking charge

KITCHENER — A Waterloo man who worked as a Black Berry manager when he was charged with possession of cocaine for the purpose of trafficking has avoided a penitentiary sentence.

Peter Whitby was sentenced Wednesday to 21 months in jail. Federal prosecutor Kathleen Nolan had sought a penitentiary sentence of 2 ½ years while defence lawyer Hal Mattson asked for 15 to 18 months.

Whitby was found guilty in April after police found 240 grams of cocaine, worth $10,000, in his home in 2015.

In sentencing Whitby, Justice John Lynch said fentanyl may have pushed cocaine out of the spotlight, but he noted it used to be one of the most dangerous drugs in the community and still causes harm.

The judge said Whitby was part of a supply chain and without the chain, the drug would do less damage.

But he agreed with Mattson’s suggestion that sentencing must be an individualized process.

Lynch noted Whitby is 52, had never been in trouble with the law, owned his own home, worked all of his adult life and will probably never commit another crime.

“He is, as many would characterize him, an ordinary guy with a clean record.”

Lynch said Whitby probably got involved in cocaine thinking it would be easy money.

He said the sentence must denounce the crime and deter others but he added that Whitby has already paid a price. He was a senior business operations manager at Black Berry who was let go after being charged. His future job opportunities will be limited, the judge said.

Any jail term will be difficult for him, the judge said, and ruled a penitentiary sentence would be “too harsh.”

Whitby had suggested at trial that the cocaine in his house belonged to Brandon Pfeiffer, a co-accused who was caught with a large amount of cocaine and got five years in prison. Lynch rejected Whitby’s version of events. Some of the drugs were discovered in a lockbox under an ottoman.

“It is unrealistic to imagine that Peter Whitby would not be aware of a metal box located under his footstool in the living room of his home,” the judge said.

About 200 grams of cocaine was found in the basement “in an area that was readily accessible by the accused,” the judge said.

“That quantity of cocaine would have significant value and it would be a very rare circumstance where a dealer would simply leave it behind, hoping that nobody would locate it.”

Drug packaging and cutting agents were also found in the basement.

Lynch banned Whitby from owning weapons for 10 years and ordered him to give a DNA sample. He will be on probation for 18 months.

“You’ve got a lot of potential,” Lynch told Whitby before he was led off to jail. “I hope you get out of this unscathed and get back to your life.”