Sentencing lags in drug bust

Photo: Facebook

Leslie John McCulloch, left, and Rebekka Rae White were both charged after police conducted a drug raid on a West Kelowna business.

The man who produced a fentanyl-like drug for the purpose of trafficking at his business in West Kelowna has yet to be sentenced and remains out of custody, despite pleading guilty more than six months ago.

Leslie John McCulloch's commercial business on Auburn Road was raided on March 2, 2016, and police found what they believed to be large amounts of fentanyl.

McCulloch was arrested and remained in custody until Feb. 22, 2017, when he pleaded guilty to production and possession of acetylfentanyl, an analogue of fentanyl.

The American Drug Enforcement Agency describes acetylfentanyl as “similar to fentanyl,” and says it has been linked to a number of overdose deaths. Acetylfentanyl still falls under the Canadian controlled drugs and substances act.

Despite the guilty plea and a denied bail application in October 2016, the Crown agreed to McCulloch's release on $15,000 bail to allow him to “to get his affairs in order” prior to sentencing.

On Wednesday, McCulloch, who has yet to have a sentencing date set, applied to have his bail conditions eased.

His first request was to allow him to travel to Saskatchewan so he could sell several “antique vehicles” that would help him pay his bills, while the second was to relax his 6 a.m. to 10 p.m. curfew to allow him to take a job as an on-call tow truck operator.

“It was never the Crown's expectation that this gentleman would be out of custody this long, the sentencing we thought would occur months ago now,” said Crown Prosecutor Clarke Burnett. “The Crown's position on sentencing is for this gentleman to be facing a significant period of jail. We're going to be asking for a sentence north of 10 years.”

Burnett expressed concern with loosening the strict conditions of McCulloch's bail, which currently include electronic monitoring and the curfew.

“The Crown is very concerned about any flight risk, et cetera, given what he's facing, which is why he's on a very tight leash,” Burnett said.

On Oct. 3, McCulloch will apply to have the drug samples found during the raid, which include 406 grams of acetylfentanyl and 938 fake Oxycontin pills containing acetylfentanyl, to be independently analyzed to ensure the entire samples contain the illegal drug.

“This is taking way too long to get to sentencing,” said Justice Jim Threlfall. “If I were a cynical judge, I'd say somebody was icing the puck here, but not being a cynical judge, I would simply say that we've got to get on with things quickly.”

Justice Threlfall denied McCulloch's application to have his curfew changed to allow him to work the tow truck job, but said he was open to allowing him to take a day trip to Saskatchewan to sell his vehicles, if that was the only option.

Burnett said he would look into determining if the vehicles could be sold without McCulloch's attendance.

“I don't want to go anymore than you guys don't want me to go,” McCulloch told Burnett and Justice Threlfall.

The opioid overdose crisis has plagued B.C. for more than a year now, led by an increase in fentanyl appearing in drugs. 

In the first five months of 2017, 36 people died in Kelowna alone from drug overdoses. On Wednesday, Interior Health issued a warning after seven people died from suspected drug overdoses in the span of nine days.