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Stiff penalty sought for importing marine life

By: Mike McIntyre

Posted: 07/10/2012 3:17 AM | Comments: 0

It's a crime that has never happened before in Manitoba. And justice officials are hoping a massive sentence will ensure it never does again.

The Crown is seeking an 18-month conditional jail sentence and $180,000 fine for a Winnipeg man caught trying to build his business through the black-market aquatics industry.

Jason Daeninck, the owner of Salt Water Connection on Henderson Highway, was convicted earlier this year of smuggling protected coral rock, sea horses and giant clams into the city from Indonesia. The case was the first of its kind discovered in the province.

Daeninck returned to court Monday for sentencing. Prosecutor Michael Foote said a severe sanction is needed to send a strong message about the serious nature of Daeninck's illegal actions.

"The sentence must go beyond just the cost of doing business. It can't just amount to a licensing fee," Foote said. He noted the maximum fine is close to $1 million. "Winnipeg is as far away from any coral reef as you can possibly get, but these are offences that have a global concern."

The Crown is also seeking a unique order that would require Daeninck to pay for a display that is going to be set up at the International Peace Gardens containing some of his smuggled coral rock. There will also be a plaque explaining how it got to Manitoba. The sentencing hearing has been adjourned until later this summer for defence lawyer Tim Valgardson to make his submission.

Daeninck was found guilty of 18 charges under the federal Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, through both his personal name and business. He was initially arrested in 2007 after Canada Customs intercepted a shipment of more than 9,000 kilograms of scleratinia rock at a port in British Columbia. The rare type of rock is protected because it contains coral. It can only be imported or exported if an international permit is obtained, which wasn't done.

Investigators linked the shipment to Daeninck and got a warrant to search his home and business on Henderson Highway. They learned Daeninck had been involved in illegal shipments of sea horses and giant clams, which are protected by the same regulations.

None of those protected items was recovered; officials believe they were sold on the black market. It's unknown exactly how many made it into the country.

Daeninck fought his case at trial, claiming he had ordered another type of rock that didn't contain coral to use in building a fence in Winnipeg, like one he'd seen on a visit to Indonesia. Daeninck claimed there must have been a mistake in the order and he wasn't responsible.

Provincial court Judge Ray Wyant rejected his version of events, calling it "meek and unbelievable." He said the fence-building story is laughable, considering the type of rock Daeninck claims he was trying to obtain would likely not have withstood the rigours of a Prairie winter.

"He was playing fast and loose with the international importation of protected species," Wyant said.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition July 10, 2012 A2

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