2009/03/14

Yvan Cech, 65, receive a 13-year sentence for his role in smuggling 700 kilos of cocaine, packed into aluminum ingots, into the country where much of it was sold to the Hells Angels.The sentence is considerable when Cech’s age is factored in, as well as the fact he has no prior convictions. At the time of his arrest in 2006, the Slovakian-born businessman, who is a Canadian citizen, owned and operated a hotel-casino in the Dominican Republic while splitting much of his time in Quebec City. But, Levasseur argued before Superior Court Justice Guy Cournoyer at the Montreal courthouse Friday morning, Cech played the most important role in the conspiracy as a high-level drug smuggler.The prosecutor pointed out that Richard Sanschagrin, a former police officer, received a 12-year prison term for role. Chagrin received the ingots once they entered Canada, warehoused the shipments before distributing the cocaine.Cech’s son-in-law, Atilio Martinez, a 47-year-old Kirkland resident, received a 9-year prison term for handling the distribution and accounting for Cech’s network while working out of a photo shop on Jean Talon St. E. Cournoyer wanted to hear Levasseur and defence lawyer Julio Peris’s thoughts on whether Cech’s questionable arrest in the Dominican Republic should factor into his sentence.
On May 8, 2006, Cech was sitting on an Air France plane at the airport in Santo Domingo about to head off to Paris when he was arrested by four Dominican Republican police officers. This was three days before the Sûreté du Québec made more than 20 arrests in this province in Project Fusion, the investigation into Cech’s network and clients.By the beginning of that month, the SQ knew they had to act fast if they still wanted to arrest Cech while he lived in the Dominican Republic. Investigators knew Martinez had flown to the Dominican Republic to meet with Cech to discuss the fact that $761,000 had been seized by police from Martinez’s home in Kirkland along with accounting documents. They were worried Cech was going to head to the Czech Republic where he had a residence and it would be more difficult to return him to Canada.
Cech claims he was held in a filthy cell in the Dominican Republic for three days, was unable to sleep, was given no food and was unable to contact a lawyer before SQ officers escorted him to Canada on May 12, 2006. He was only able to speak to a lawyer after he was brought to the SQ’s headquarters on Parthenais St. Without sleeping for four days he decided to collaborate with police. He gave 29 statements to investigators, but eventually refused to sign a contract that would make him a prosecution witness. He pleaded guilty to drug trafficking and gangsterism in December.
Cournoyer already ruled last month that the circumstances surrounding the arrest were not enough to declare a stay of proceedings in Cech’s case. But he said yesterday it was clear “something happened,” likely with the goal of pressuring Cech into becoming an informant.“I have three or four deductions but they were not introduced as evidence,” the judge said.Peris argued the questionable arrest should be factored into Cech’s sentence. He also argued the fact that it took the Crown more than a year to turn over the evidence it had in the case to the defence should also be factored in.The defence lawyer did not ask for a specific sentence length but asked that his client be left with only three years left to serve when Cournoyer renders his decision on April 17.Cech has already served the equivalent of nearly six years behind bars while awaiting the outcome of his case.

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