The mastermind behind a Nanaimo drug-trafficking operation has been denied another bail appeal.
Kien Trung Pham was found guilty by B.C. Supreme Court justice Robin Baird in March of four counts of possessing methamphetamine for trafficking, single counts of possessing fentanyl and cocaine for trafficking, two counts of possessing an illegal firearm and two counts of possessing a firearm without licence. He was handed a 15-year jail sentence.
Pham and his defence subsequently filed an appeal of his convictions and a separate appeal after he was denied bail. He proposed he reside with family in Nanaimo under house arrest, electronic monitoring and restricted computer usage, with his family providing $300,000 in sureties. He was denied bail by a judge on March 22.
In August, justice Leonard Marchand allowed another appeal after finding that errors in principle had been made, with the court potentially having failed to take into consideration that Pham had no violations in a previous three-year release.
In court in Vancouver on Tuesday, Nov. 5, a three-judge panel – justices Janet Winteringham, Gail Dickson and Paul Riley – upheld the previous ruling, again denying bail.
"The chambers judge considered the applicant’s bail compliance but was not satisfied his bail history countered the other significant and compelling factors at play…" they ruled. "The chambers judge considered the applicant’s release plan and all that it entailed. After applying the correct legal principles, the chambers judge concluded it would not attenuate the risk to public safety."
It was previously proven in court that New Zealand-bound drug shipments of close to 7.5 kilograms of methamphetamine, in the guise of muscle supplements, were intercepted by law enforcement in May 2019. A search at a Summerhill Place apartment rented by Pham strictly for drug operations yielded 28 grams of cocaine and six ounces of fentanyl.
-files from Jessica R. Durling/News Bulletin
