Lottery winner argues entrapment in police sting

Multimillionaire gave OxyContin to officer who was posing as prostitute

An Edmonton man who won a $10-million Lotto 6/49 draw was in court Friday claiming he was the victim of police entrapment during a prostitution-related sting operation.

Cecil Underwood, 67, earlier pleaded guilty to one count of drug trafficking for giving an OxyContin pill to a female undercover officer posing as a prostitute during an alleged conversation about sex for money on July 18, 2013.

However, Underwood — who became a multimillionaire in 1992 — is seeking a judicial stay of proceedings based on his arrest being the result of alleged police entrapment.

Underwood testified he gave the OxyContin pill, which he is prescribed for chronic pain, to the undercover officer to “get rid of her” and called it a “stupid mistake.”

Underwood told court the undercover officer had asked him to give her the pill and denied he got any money for it or that he had given it to her as part of a cash-drugs combination to pay for a proposed offer of sexual services.

The racehorse owner and former boxing promoter also reluctantly and tearfully testified that he can’t have sex as he is unable to get an erection despite having a penile implant operation, which he said was unsuccessful.

Court heard the sting operation was in the area of 118th Avenue and 91st Street. Underwood said he was there picking up pizza to take to the Northlands racetrack.

Under cross-examination, Underwood denied calling the officer over to his truck, but admitted he had looked at her because she stood out from other prostitutes in the area, saying she was like a “rose in a burned-out forest.”

Const. Candace Budynski testified Underwood first called out to her, saying “he got right down to business and asked if I had a place,” and that he “perked up” when she recited her menu of prices for certain sexual services.

The 10-year police veteran also told court that the topic of drugs came up after he told her a guy was meeting him to give him some money and she asked him what he had.

She also said he called her back to his truck after she walked away and spoke about having OxyContin and believed that he was offering them for sale. She said he then offered her one pill for some sexual services.

In closing arguments, defence lawyer Jamil Sawani said Budynski had no “reasonable suspicion” that Underwood was trafficking drugs when she asked him for the pill.

Federal Crown prosecutor Rowan Kunitz argued it was Underwood who offered the OxyContin and said Budynski not only had a reasonable suspicion for a search, but for an arrest on drug trafficking charges as well.

A decision in the case is scheduled for Feb. 11.

Underwood is also facing a charge of communicating for the purpose of prostitution.