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Wine smuggler to pay fine to food bank |
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Written by THE CANADIAN PRESS
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Tuesday, September 29 2009, 9:00 PM |
One man’s attempt at wine smuggling is one food bank’s gain.
Alberta provincial court judge Sean Dunnigan levied a $5,000 fine against Delbert Yap — to be paid to the Calgary Food Bank — for failing to declare 329 bottles of prime California wine when crossing the border at Coutts in October 2006.
Dunnigan said Yap’s actions were hardly vintage.
“He must indeed feel foolish and ashamed for attempting to outwit our able and diligent customs team,” said Dunnigan, noting Yap’s declared value of the wine was $44,000 below its actual value.
“This is not a six-pack of Stroh’s beer on the way back from Great Falls.”
But the judge also agreed to grant Yap, 42, a conditional discharge on the completion of six months’ probation which would purge a criminal record.
He said Yap, who resides in British Columbia, has already paid a significant penalty by forking over a $25,265 administrative fine the day he was stopped at Coutts.
Crown prosecutor Randy Gass argued against a discharge, saying Yap planned the smuggling for months.
“He continued along every step of the way to be evasive to customs officials and the Alberta Gaming and Liquor Commission,” said Gass.
Defence lawyer Alain Hepner said a lingering criminal record would unfairly imperil Yap’s professional status within B.C.’s financial sector.
Court heard Yap was able to select which of the 329 bottles of wine he would surrender to authorities, who then poured it out.
“It was good wine,” said Hepner.
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