Delon Shurtz
Lethbridge herald
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A man who faces at least three years in a federal prison, but was released on bail following a trial last December, is back behind bars.
And that's where Bjorn Patrik Sjostrom will stay while he waits to be sentenced for trying to smuggle guns and ammo into Canada in 2011.
Sjostrom was in Lethbridge Court of Queen's Bench Wednesday, where his bail was revoked after he was caught breaching conditions of his release order.
Court was told Sjostrom, who is remanded in Lethbridge, was caught speeding in Kenora, Ont. Jan. 31. The officer arrested Sjostrom after he discovered the accused was on bail and had been ordered not to leave Alberta. A further investigation revealed Sjostrom had been to the Swedish Embassy, illegally changed his name and applied for a passport under the new name.
"His intent was to leave the jurisdiction," Crown prosecutor Frank Polak said afterward.
Sjostrom was released on bail in December following a trial in which he was found guilty of several counts of unlawful importation of firearms and possession of prohibited and restricted weapons, which carry a minimum sentence of three years and a maximum of 10 years in prison.
He was also found guilty of possession of firearms without a licence, which does not have a minimum sentence but has a maximum sentence of five years.
Border officials searched Sjostrom's travel trailer after he arrived at the Coutts port of entry Aug. 1, 2010, and found 11 guns, including an automatic military rifle, and ammunition, including some capable of piercing body armour.
Sjostrom and his wife testified during trial she had been responsible for removing the guns from the trailer before the accused left for Canada where he was to begin work in Fort McMurray. The family had been at a gun range near their home in Denver a few days earlier, and Sjostrom's wife was to empty the trailer and pack it for her husband's trip. She testified she started removing guns from the trailer, then got distracted and forgot to remove the rest of the guns.
When asked by border officials if he had weapons in his vehicle, Sjostrom swore on his mother's grave that he had none. But his actions, and the fact he had an empty gun holster on his hip, made officials suspicious.
Justice James Langston rejected Sjostrom's testimony, and said the accused had to know, or at least suspect, there were guns in his travel trailer. He also said Sjostrom's wife's testimony was biased to protect her husband.
Langston ordered a pre-sentence report and adjourned sentencing until April 22, at which time Crown and defence counsels are expected to submit their arguments for sentencing and the court will address the recent breach charge. Polak suggested he will likely seek minimum sentences, and defence lawyer Patrick Fagan said he may raise a constitutional issue.