) ) HIS MAJESTY THE KING – v. –, 2024 ONSC 666

CITATION : R. v. Kesminas, 2024 ONSC 666 COURT FILE NO.: CR-23-01 DATE: 20240201 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: ) ) HIS MAJESTY THE KING – and – GIEDRIUS KESMINAS Defendant ) ) ) ) ) ) ) ) Faiyaz Alibhai and Sarah Malik for the Crown Mitchell Worsoff for Mr. Kesminas ) ) HEARD: October 16-18, 2023 REASONS FOR JUDGMENT C. BOSWELL J. ( Orally) I. OVERVIEW The Charges [ 1 ] Mr. Kesminas is one of a large group of individuals charged with a variety of offences connected with trafficking in cocaine and an alleged conspiracy to import cocaine into Canada.

The investigation was dubbed “Project Southam”. [ 2 ] The charges against Mr. Kesminas were severed from all others by Fraser J. on September 12, 2023. His trial commenced on October 16, 2023 and concluded two days later. He faces two counts. The first, identified in the original indictment as count 7, is conspiracy to import cocaine. The second, identified in the original indictment as count 11, is conspiracy to utter forged documents. [ 3 ] With respect to Count 7, the Crown asserts that Mr.

Kesminas was a member of a conspiracy whose goal was to import some 300 to 500 kilograms of cocaine from Jamaica or the Dominican Republic into Canada. Mr. Kesminas’ alleged role was to act as a pilot – or to arrange for a pilot – to pick up the cocaine in the Caribbean and fly it back to Ontario. [ 4 ] With respect to Count 11, the Crown asserts that at roughly the same time as he was conspiring with others to import cocaine, Mr.

Kesminas also participated in a separate conspiracy to create forged documents to assist a friend, and alleged co-conspirator, in obtaining a mortgage. [ 5 ] I note that Crown counsel made submissions about money laundering during their opening statement. They also sought to elicit evidence about the indicia of money laundering from an expert who was tendered to provide evidence about cocaine trafficking and coded language. Mr. Kesminas was not, however, arraigned on money laundering charges. These reasons consider only the two charges of conspiracy alleged at Counts 7 and 11.

The Evidentiary Record [ 6 ] The Crown proceeded on what was, by and large, a documentary record. It is apparent from the record that Project Southam was a broad investigation. Investigators clearly obtained and implemented numerous wiretap authorizations. The fruit of those wiretaps forms almost the entirety of the Crown’s case. [ 7 ] The Crown filed four volumes of transcripts of intercepted communications. [ 8 ] The first three volumes consist of 117 intercepts between May 19, 2021 and June 20, 2021. I will refer to them generally as the “cocaine intercepts”.

They were obtained from five sources: a probe installed in the vehicle of Adam Luangphasi; and wiretaps on the phones of Adam Luangphasi, Hans Lauro, Alexander Le and Charlie Walters. Each of these individuals is alleged to have been involved in cocaine trafficking and the conspiracy to import cocaine. These intercepts are relevant to Count 7.

[ 9 ] Most of the content of the 117 intercepts reflects heavily coded language. It can be very difficult, at times, to understand what exactly is being discussed, though viewed on a whole, it is readily apparent that most of the discussions involve drug trafficking, particularly in cocaine. [ 10 ] The fourth volume consists of 30 intercepts between March 11, 2021 and April 14, 2021. I will refer to them generally as the “mortgage intercepts”. All were obtained from a wiretap on the phone of Hans Lauro. Mr.

Lauro is alleged to have been a co- conspirator and the beneficiary of the fraudulently obtained mortgage. [ 11 ] The Crown also filed a 24-page Agreed Statement of Facts executed by Crown counsel and Mr. Kesminas on September 7, 2023. [ 12 ] The Agreed Statement of Facts consists largely of excerpts from the cocaine and mortgage intercepts.

Notably, it is agreed that the transcripts of the intercepts are accurate, not only as to content but also as to date, time and voice identification. [ 13 ] Finally, the Crown tendered some brief evidence from RCMP Corporal Rodney MacIntyre who was qualified to provide opinion evidence to the court regarding, amongst other things, the indicia of drug trafficking and coded language. [ 14 ] Two reports authored by Cpl. MacIntyre were filed as exhibits. The first, marked Exhibit 5, is a report dated February 27, 2023.

It provides somewhat of a primer on the production of cocaine and its international shipment through transit countries. It also includes information that I have not considered in relation to the charges against Mr.

Kesminas including: • Details of alleged money laundering by Hans Lauro; • Hearsay information about the dismantling of a clandestine lab used for cocaine extraction; • Hearsay information about the trafficking of cocaine to undercover officers by Hans Lauro; • Hearsay information about the trafficking of cocaine by Guido Aguilar to Aidan Chow; • Hearsay information about a conspiracy to export marijuana; and, • Hearsay information about the execution of search warrants at the residences of Charlie Walters, Adam Luangphasi and Adrian Butler. [ 15 ] The second report is dated September 5, 2023. It sets out Cpl.

MacIntyre’s opinions regarding the

interpretation of coded language used in five specific intercepted conversations including: • An April 4, 2021 conversation between Hans Lauro and Guido Aguilar about the purchase of cocaine by Mr.

Lauro; • An April 7, 2021 conversation between Guido Aguilar and Adam Luangphasi about cocaine trafficking; • A June 11, 2021 conversation between Adam Luangphasi and Alexander Le about whether someone had been raided and whether they should get burner phones; • A June 14, 2021 conversation between Adam Luangphasi and Owen Vogleson regarding cocaine trafficking; and, • A June 16, 2021 conversation between Adam Luangphasi and an unknown male regarding the importation of cocaine from Jamaica or the Dominican Republic. Mr. Kesminas agrees that he is the unknown male engaged in conversation with Mr.

Luangphasi on this occasion. [ 16 ] The five intercepts that Cpl. MacIntyre opined on are significant individually. They also serve as somewhat of a proxy for the whole body of intercepts. In other words, the opinions he offered about certain language used in the five intercepts he addressed, aid in the

interpretation of many of the other intercepted communications. [ 17 ] Cpl. MacIntyre adopted the contents of his reports as part of his evidence in chief. He offered the opinion that the conversation between Adam Luangphasi and Mr. Kesminas on June 16, 2021 was consistent with drug trafficking. [ 18 ] Mr. Kesminas elected to testify in his own defence. He denied that he was a member of a conspiracy to import cocaine. And he further denied that he was a member of a conspiracy to utter forged documents to assist his friend, Hans Lauro, in obtaining a mortgage. II.

F UNDAMENTAL PRINCIPLES [ 19 ] Before I embark on a consideration of the essential elements of the offences and the evidence tendered in relation to those elements, I will make note of some of the fundamental principles that apply to my assessment of that evidence. The Presumption of Innocence [ 20 ] The presumption of innocence is an organizing principle of the Canadian criminal justice system. Mr. Kesminas is presumed innocent of the charged offences.

The presumption of innocence stays with him throughout the trial and is only displaced if I am satisfied that the Crown has proven a charged offence beyond a reasonable doubt. The Burden and Standard of Proof [ 21 ] The Crown has the sole burden of proving Mr. Kesminas’ guilt with respect to each of the charged offences. Mr. Kesminas

has no obligation to prove anything and he had no obligation to testify, though he chose to do so. [22] Mr. Kesminas’ guilt must be established to the reasonable doubt standard before a conviction can be registered against him. [23] The concept of proof beyond a reasonable doubt is of fundamental importance in the Canadian criminal justice system. Itimposes a high standard. A reasonable doubt is not an imaginary, far-fetched, or frivolous doubt. It is not a doubt based on sympathy foror prejudice against anyone involved in this trial. It is a doubt based on reason and common sense.

It is a doubt that logically arises fromthe evidence, or the absence of evidence. [24] Proof of probable or likely guilt is not enough to sustain a conviction. At the same time, proof beyond a reasonable doubtdoes not require absolute certainty. Absolute certainty is a standard that is impossibly high. Having said that, the law is clear that proofbeyond a reasonable doubt falls much closer to absolute certainty than to proof on a balance of probabilities. [25] In the final analysis, in order to convict Mr. Kesminas of an offence, I must be sure that he committed it.

If I am not sure, Imust acquit him of that offence. The Assessment of Evidence [26] The evidence of the witnesses who testified must be considered from a common sense perspective, with an open mind andwithout sympathy, prejudice or bias. As the trier of fact, I may choose to believe and rely upon some, all of none of any witness’testimony. [27] The factors to be considered when assessing the testimony of a witness are not a closed list.

They include, amongst others,whether the witness appeared to be telling the truth, the consistency of the witness’ evidence, both internally and externally, and whetherthe witness had any motive to fabricate evidence or to favour one side over the other. [28] My assessment of a witness’ testimony involves a consideration of both its credibility and reliability. Credibility and reliabilityare not the same thing. Credibility has to do with the truthfulness of the witness. Reliability has to do with the accuracy of the witness’testimony.

Reliability involves an assessment of the witness’ ability to observe, recall and recount evidence. A witness who is notcredible cannot give reliable evidence. But credibility is not a proxy for reliability. A credible witness may give unreliable evidence. SeeR. v. H.C., 2009 ONCA 56 at para. 41. The Exculpatory Testimony of the Accused [29] Mr. Kesminas elected to testify in his own defence. He denied the allegations of criminal conspiracy against him.

Moreparticularly, he denied that he conspired with others to import cocaine into Canada and he denied that he conspired with others to forgedocuments in an attempt to obtain a mortgage for Mr. Lauro. [30] Mr. Kesminas’ testimony is of an exculpatory nature. It is not necessary that I believe his evidence for it to raise a reasonabledoubt. In accordance with the Supreme Court’s instructions in R. v. W.(D.), (SCC), [1991] 1 S.C.R. 742, I mustapproach the evidence of Mr. Kesminas and apply the reasonable doubt standard to that evidence with the following framework in mind: (

a) First, if I believe Mr. Kesminas that he did not conspire with others to commit the alleged offences, then I must acquit him,because in those circumstances, I will obviously have a reasonable doubt about his guilt; (

b) Second, even if I do not believe Mr. Kesminas’ evidence that he did not conspire with others to commit criminal offences, I muststill acquit him of an offence if his evidence leaves me in a state of reasonable doubt about his guilt in relation to that offence; and, (

c) Third, even if Mr. Kesminas’ evidence does not leave me in a state of reasonable doubt about his guilt in relation to an offence, Imust not convict him of that offence unless I am satisfied beyond a reasonable doubt, based on evidence that I do accept and rely upon,that he is guilty of that offence. [31] I note as well that should I reject Mr. Kesminas’ exculpatory testimony, I must be careful not to use that rejection as positiveevidence of guilt. Rejected evidence is simply evidence that I am not prepared to believe and rely upon in deciding this case.

It is notproof of anything. [32] With those fundamental principles in mind, I turn now to a consideration of the essential elements of the offence ofconspiracy. III. THE ESSENTIAL ELEMENTS OF CONSPIRACY [33] Conspiracy is a preliminary crime, sometimes described as an “inchoate” crime. [34] To establish Mr. Kesminas’ guilt for either of the charged offences of conspiracy, Crown counsel must prove, beyond areasonable doubt, that: (

i) There was a conspiracy between two or more persons; (ii) The conspiracy was to commit the offence identified in the indictment – in other words, to import cocaine or to utter forgeddocuments; and,

(iii) Mr. Kesminas was a member of that conspiracy. [35] A conspiracy is an agreement between at least two people to commit a crime. The agreement itself is the gist of the offence.See R. v. Papalia, (SCC), [1979] 2 S.C.R. 256 at p. 276. The actus reus “is established upon proof of the agreement tocommit the predicate offence.” See R. v. Root, 2008 ONCA 869 at para. 67. [36] As Doherty J.A. said in R. v. Alexander (2005), (ON CA), 206 C.C.C. (3d) 233 (Ont.

C.A.) at para 46, The actus reus of the crime of conspiracy lies in the formation of an agreement, tacit or express, between two or more individuals, to acttogether in pursuit of a mutual criminal objective. Co-conspirators share a common goal borne out of a meeting of the minds wherebyeach agrees to act together with the other to achieve a common goal. [37] Mere knowledge of, discussion of, or acquiescence in a plan of criminal conduct is not, on its own, sufficient to make outconspiracy. The accused must be shown to have agreed with one or more others to commit the predicate offence. See R. v.

McNamaraet. al. (No. 1) (1981), (ON CA), 56 C.C.C. (2d) 193 at p. 452 [38] While a conspiracy must involve more than one person, it is not necessary that all conspirators be identified or even becapable of identification. See United States of America v. Dynar, (SCC), [1997] 2 S.C.R. 462 at para. 88. [39] The central question in conspiracy cases is not what acts were done in furtherance of the conspiracy but whether there was acommon agreement to which those acts are referable. That said, an examination of what was done may help establish the existence ofthe agreement.

Again, see Root, at para. 67. [40] The mens rea of the offence of conspiracy involves the intention to put the common design into effect. See Dynar at para. 86. In other words, the goal of the agreement – the commission of the substantive offence – is part of the mens rea of the offence ofconspiracy. See Dynar, at para. 103. IV. DISCUSSION [41] I intend to consider each essential element in turn as they relate to, first, the alleged conspiracy to import cocaine and, second,the alleged conspiracy to utter forged documents.

Count 7: The Alleged Conspiracy to Import Cocaine [42] The Crown alleges a conspiracy between a number of individuals, some named, others not, to import some 300 to 500kilograms of cocaine into Canada via Jamaica or the Dominican Republic. [43] As I noted, Cpl. MacIntyre provided some general background into the production and distribution of cocaine at theinternational level. He testified that 90% of the total worldwide production of cocaine comes from Colombia.

It is, he said, frequentlybrought to transit countries, like Jamaica and the Dominican Republic and then shipped on to countries like Canada, the U.S.A anddestinations in Europe. Transit countries are used in an effort to reduce suspicion by border agents in the destination countries. [44] The importation of cocaine can, if done successfully, be quite lucrative. Cpl. MacIntyre indicated in his report dated February27, 2023, that a kilogram of cocaine can be purchased for about $2,200 in the jungles in Colombia’s interior. Its price rises to about$5,500 to $7,000 per kilogram at Colombian ports.

If successfully smuggled into Canada, it can fetch $36,000 to $50,000 per kilogramin the Greater Toronto Area. [45] I have reviewed each of the cocaine intercepts and I have reviewed the Agreed Statement of Facts, which includes numerousexcerpts from those intercepts. [46] Most of the intercepts, as I said, reflect the use of heavily coded language.

Often times it is difficult, if not impossible, tomake heads or tails of what the participants to a given conversation are talking about. [47] Having said that, certain common themes emerge from the intercepts. [48] First, it is patently obvious from the extensive use of coded language, that the participants to the intercepted communicationsare engaged in criminal activity.

This conclusion is supported by the numerous instances in which concerns were expressed aboutpossible surveillance. [49] Second, it is also patently obvious, when the cocaine intercepts are considered as a whole, that the participants are engaged indrug trafficking, principally cocaine trafficking. The participants I refer to include Adam Luangphasi, Alexander Le, Charlie Walters,Hans Lauro, Owen Vogleson, Basil Dixon, Nathan Brown, someone referred to as “Fat Man”, someone referred to as “White Boy”, andsomeone else referred to only as “R”. [50] It is important to be mindful, of course, that Mr.

Kesminas is not charged with trafficking in cocaine, nor with conspiracy totraffic in cocaine. He is charged with conspiracy to import cocaine. [51] Third, it is apparent that some of the participants to the cocaine intercepts – particularly Adam Luangphasi and OwenVogelson – were, in May 2021, having issues with their supply chain. A reasonable inference, based on communications that I couldunderstand, is that the impact of the COVID-19 pandemic on international air travel caused a significant slowdown in the flow ofcocaine into Canada.

See for instance, a conversation between Adam Luangphasi and Basil Dixon on June 9, 2021 at roughly 5:02 p.m.where the following exchange took place: Adam Luangphasi: So we have fourty-four we can pass him seven more and hopefully give him the rest of the deposit if they’rewilling to I don’t know right.

Basil Dixon: Right we just want the first one take off and then because I hear three plane will be going down. Adam Luangphasi: When? Basil Dixon: Next week or so. Adam Luangphasi: And they’re starting back up right? Basil Dixon: Yeah but you know three planes aint full there’s only one one big one and the rest will be (unintelligible). Adam Luangphasi: Yeah. Basil Dixon: Yeah so what that leaves whenever I I heard Barbados is open. Adam Luangphasi: Yeah Barbados is open.

Basil Dixon: I hear um (unintelligible) a lot of place you know what I mean so it will be much easier. [52] Fourth, by early June 2021, the communications amongst the members of the group, particularly Adam Luangphasi and OwenVogelson, began to focus on arranging to have their own pilot bring cocaine in from Jamaica, Dominican Republic or Guyana. [53] Some of the relevant content of those communications is set out in Appendix “A” to this ruling. (

i) Was there a conspiracy between two or more people? [54] Having considered the cocaine intercepts as a whole, I am satisfied beyond a reasonable doubt that a group of individuals,some identified and others not, were engaged in the large-scale (by that I mean multiple kilograms) importation and trafficking of cocainein the Greater Toronto Area. Those individuals include Adam Luangphasi, Owen Vogelson, Hans Lauro, Basil Dixon, Alexander Le,Charlie Walters and Nathan Brown. [55] In other words, I am satisfied beyond a reasonable doubt that there was an agreement between two or more individuals toimport cocaine from the Caribbean and traffic it in the GTA. (

i) Was the conspiracy to import cocaine into Canada? [56] For the conspiracy to constitute a criminal offence, the object of the conspiracy must be a criminal offence. The importation ofcocaine into Canada is a criminal offence. See s. 6(1) of the Controlled Drugs and Substances Act. [57] Based on my findings in relation to the first essential element, it follows that I am satisfied that one of the objects of theconspiracy was to import cocaine into Canada. The intercepted communications set out in Appendix “A” amply support that conclusion. Moreover, Mr.

Kesminas does not dispute that the substance being discussed in the communications in Appendix “A” was cocaine. [58] I am satisfied, beyond a reasonable doubt, that importing cocaine into Canada was one of the goals of the conspiracy. (ii) Was Mr. Kesminas a member of the conspiracy? [59] Proof that there was a conspiracy and proof that Mr. Kesminas was a participant in the conspiracy are two different things. Inthis case, the question of whether Mr. Kesminas was a member of the conspiracy is the central issue in dispute. [60] Determining whether Mr.

Kesminas was a member of the conspiracy involves a two-step analysis. See R. v. Carter, (SCC), [1982] 1 S.C.R. 938. [61] At the first step, Crown counsel must establish, on a balance of probabilities, that Mr. Kesminas was a member of theconspiracy. At this step, the court may consider only evidence directly admissible against Mr. Kesminas. See R. v. Cargioli, 2023ONCA 612, at para. 72 (citing R. v. Carter). [62] Should the Crown succeed in establishing that Mr.

Kesminas was probably a member of the conspiracy, then the court will goon to assess whether the evidence proves beyond a reasonable doubt that he was a member of the conspiracy. The evidence that may beconsidered at stage two includes not only evidence directly admissible against Mr. Kesminas, but also the acts and declarations done ormade while the conspiracy was ongoing and in furtherance of the agreement by anyone else who was found to be a probable party to theagreement. Step One – Membership on a Balance of Probabilities [63] To prove that Mr.

Kesminas was a member of the conspiracy to import cocaine, Crown counsel must establish that he had anunderstanding of the unlawful nature of the plan and that he voluntarily and intentionally joined it. He must be shown to have agreed,and intended to have agreed, to achieve the common unlawful purpose, in this case the importation of cocaine into Canada. [64] At this first stage of the analysis, the task is to determine, based on evidence directly admissible against Mr. Kesminas,whether he was probably a member of the conspiracy to import cocaine.

In other words, whether he probably understood the nature ofthe plan and voluntarily and intentionally joined it. [65] Hans Lauro was a long-time friend of Mr. Kesminas. Mr. Lauro, I find, was probably a member of the conspiracy to importcocaine into Canada. This conclusion readily flows from the conversations Mr. Lauro engaged in with Adam Luangphasi, as set out inAppendix “A”. Mr. Lauro arranged for Mr. Kesminas to meet with Adam Luangphasi and Nathan Brown, two other individuals who I

find were probably members of the same conspiracy, again based on their intercepted communications as set out in Appendix “A”. [ 66 ] The meeting between Mr. Kesminas and Messrs. Luangphasi and Brown took place in the early afternoon of June 16, 2021. It lasted about 48 minutes. It was recorded on the probe installed by the police in Adam Luangphasi’s vehicle. [ 67 ] Apart from bits and pieces of the communication that were unintelligible, there is a transcript of what appears to be the entire meeting. It is patently clear from the transcript that Mr.

Kesminas discussed at length the use of a plane to import cocaine into Canada from Jamaica or the Dominican Republic. Mr. Kesminas does not suggest that the conversation was about anything else. [ 68 ] Some of the more significant aspects of the conversation include: (

a) Mr. Kesminas and Adam Luangphasi discussed the viability of landing in both Dominican Republic and Jamaica as destinations and Adam Luangphasi stated that both destinations were “doable”. Adam Luangphasi informed Mr. Kesminas that he could get him clear to Hamilton and that he had a specialist mechanic that does this for a living; (

b) Adam Luangphasi mentioned 300 kilos and Mr. Kesminas replied “that's not much”; (

c) They then discussed scenarios that would allow landing in smaller airports. Adam Luangphasi stated that he has Customs at Pearson but thinks it will be easier at Hamilton; (

d) Adam Luangphasi then spoke about previously traveling internationally in a private jet but noted that his contact in Halifax passed away and he no longer had the connection. Adam Luangphasi stated that everything will be safe because he has done this countless times; (

e) Mr. Kesminas stated that he can't go to the United States because he was previously an overstay. Mr. Kesminas indicated that he has three planes and they spoke about how far they can travel and the cost of fuel; (

f) Mr. Kesminas talked about the process of renting a plane through his company. He mentioned the possible scenarios of bringing a client to Dominican or bringing his family down for vacation. They discussed the use of a jet but Mr. Kesminas did not favour that because it would require two pilots. It was best, he said, to have fewer people involved; (

g) Mr. Kesminas talked about faking an emergency and landing in Grimsby, St. Catherines or McCrae if the need to unload arose; (

h) They spoke about the different types of planes, how far they can go, and how much weight they can carry. They discussed doing a dry run first and Mr. Kesminas suggested that would be a waste of time. He guaranteed from “point A to point B”. From that point it was Nathan Brown and Adam Luangphasi’s problem. They discussed being concerned about security; (

i) They spoke about the Customs clearance process when returning from international travel. Mr. Kesminas stated that his best method for coming in is to land in Hamilton and park with his other planes. He said his reputation is high in the Hamilton airport; and, (

j) They also spoke about doing a landing somewhere that isn't at the designated airport. They could only do this once and would have to concoct a situation with the airplane to justify it. [ 69 ] Mr. Kesminas testified in his own defence. Obviously, he was questioned at length about the content of his conversation with Messrs. Luangphasi and Brown. [ 70 ] Mr. Kesminas testified that he met Adam Luangphasi just one time in his life. Indeed, he had only this one conversation with him in his life. Following that conversation on June 16, 2021 he never spoke to Mr.

Luangphasi again – not by phone, by email or text. [ 71 ] Mr. Kesminas said that in June 2021, he was employed by a company called Dr. Source and he also ran a medical clinic. He had a staff of five full-time employees and four part-time employees. He and his wife also ran a flight school at the Brantford Airport. [ 72 ] Mr. Kesminas said that he obtained his pilot’s license in January 2023. Prior to then, he was just a student pilot. He was able to fly with an instructor or fly on his own provided he remained within a limited training area. In other words, at the time he met with Messrs.

Luangphasi and Brown, he was not a licensed pilot. [ 73 ] He testified that his friend, Hans Lauro, asked him to meet with Adam Luangphasi. He said he did not know in advance what the meeting was about, other than that Adam Luangphasi apparently wanted to talk to him about airplanes. He thought it might have had something to do with student training or just general knowledge. [ 74 ] According to Mr. Kesminas, when the meeting first started, he had no reason to believe it was for a criminal purpose. But as soon as Adam Luangphasi mentioned “300 kilos”, he understood that this was a conversation about drugs.

In other words, he quickly came to an understanding of the unlawful nature of the plan of the conspirators. [ 75 ] The principal issue in contention in this case is whether Mr. Kesminas actually agreed, and intended to agree, to achieve the common unlawful purpose of importing cocaine into Canada. Mr. Kesminas advances two lines of defence. First, he says he was only pretending to go along with the importation scheme and never actually intended to participate in it. Second, he says he never agreed to do anything.

The communications he had with Adam Luangphasi and Nathan Brown never proceeded beyond the discussion of a plan. He may have made encouraging statements and given advice but the discussions never reached a stage where he actually agreed to participate. [ 76 ] I will consider each line of defence in turn, though I remain mindful of the fact that Mr. Kesminas has no onus to prove anything in this case.

(

a) Pretence [ 77 ] Mr. Keminas testified that from the moment he realized Adam Luangphasi was talking about importing cocaine, he was trying to exit the conversation. He said he did not want to immediately terminate the conversation because he did not know the people he was speaking with and felt uncomfortable. He understood that Adam Luangphasi and Nathan Brown were criminals and he was worried because he has a family. He thought they might be armed.

He said he just wanted to smoothly get out of an uncomfortable situation. [ 78 ] He pointed out a number of aspects of the intercepted communications between him and Adam Luangphasi that he said support his evidence that he was simply going along with the conversation in an effort to smoothly extricate himself from it. In other words, aspects of the communications that demonstrate, according to him, that he was only pretending to agree. They include: (

a) He did not own a plane capable of flying to the Caribbean; (

b) He did not have a pilot’s license. He was asked if he could fly Adam Luangphasi on vacation and he said no, but he had a pilot; (

c) Though he said he had a good reputation at the Hamilton airport, he in fact had never operated from the Hamilton airport; and, (

d) He spoke to them about renting a plane, but to his knowledge you cannot rent a jet aircraft in Canada. You can only charter one, with its crew. [ 79 ] A person cannot be a conspirator if he merely pretends to agree. There must be an actual intention – at the moment of exchanging the words of agreement – to participate in the act proposed. See Dynar , at para. 88 . [ 80 ] In the result, if I believe Mr. Kesminas’ testimony that he was only pretending to agree, or to go along with the conspiracy, then I must acquit him.

Similarly, I must acquit him, even if I don’t believe his testimony, so long as it raises a reasonable doubt about whether he agreed with one or more others to import cocaine into Canada. [ 81 ] I suspect it will come as no surprise to Mr. Kesminas that I reject his evidence that he was only playing along with Mr. Luangphasi and Mr. Brown. I reach this conclusion for reasons which include the following: (

a) When the conversation between Mr. Kesminas and Messrs. Luangphasi and Brown is viewed as a whole, it fails to leave any impression that Mr. Kesminas was anything but an enthusiastic participant. The suggestion that he was “acting the part” simply defies credulity; (

b) The conversation with Adam Luangphasi began with Mr. Kesminas telling him he was going to be gone for a couple of weeks because he had to go to Lithuana for his father-in-law’s funeral. He said he would be back on the 6 th or 7 th of July. Mr. Luangphasi responded, “so we anything we set up would have to be after the 7 th ?” Mr. Kesminas replied, “oh yeah”. He did not give the impression that he did not immediately know what the conversation was about. Instead, he began the conversation with an indication that whatever they were doing was going to be delayed a couple of weeks. That is not indicative of a person who does not know the purpose of the meeting; (

c) Mr. Kesminas told the others he did not like the Jamaica idea. If he was only playing along, there would have been no reason for him to disagree; (

d) I am satisfied that Adam Luangphasi trafficked in cocaine at a fairly high level. He was actively engaged in sourcing out the supply of multiple kilograms of cocaine. A number of intercepted communications reflect an acute concern for surveillance, which is not surprising given the industry Mr. Luangphasi chose to work in. The notion that he would reveal his plan to import 300 kilograms of cocaine to a random stranger is preposterous. Mr. Kesminas had been vetted prior to the meeting with Mr. Luangphasi. The notion that he did not know what the purpose of the meeting was is simply unbelievable.

If he did not want to participate, he would not have gone to the meeting. [ 82 ] Mr. Kesminas’ evidence fails, in my view, to raise a reasonable doubt about whether he agreed with one or more others to import cocaine into Canada. [ 83 ] Having said that, my rejection of Mr. Kesminas’ evidence does not advance the Crown’s case. The Crown still has all of its work ahead of it. The next, and central, issue to grapple with is whether Mr. Kesminas actually agreed to participate in the conspiracy to achieve the common goal of importing cocaine into Canada. (

b) Agreement [ 84 ] The position of the defence is that, even if Mr. Kesminas’ testimony is rejected, the content of the intercepted communications between Mr. Kesminas and Adam Luangphasi does not support the conclusion that Mr. Kesminas intended to agree, and actually agreed, to help achieve the common goal of importing cocaine into Canada. [ 85 ] Defence counsel conceded that Mr. Kesminas made a number of encouraging statements, including that he had a pilot, that he could aid in the scheme, and that he could land anywhere there was a small airport.

He further made proactive suggestions about purchasing a prop plane and staying clear of a jet. At the same time, he pointed out logistical problems with the planned importation. [ 86 ] The defence submits, however, that Mr. Kesminas did not ultimately agree to do anything. [ 87 ] The Crown’s position is that the intercepts establish that there was a conspiracy to import 300 kilograms of cocaine using an airplane. Numerous parties agreed to participate in the plan. The intercepted communications between Mr. Kesminas and Adam Luangphasi support the conclusion that Mr.

Kesminas was one of the persons who agreed to import 300 kg of cocaine using a plane.

[ 88 ] Mr. Kesminas, the Crown says, suggested that a turbo prop plane be purchased. He proposed that the plane be registered in the name of his company. He talked at length about the service he could provide. He suggested that he travel to the Caribbean with his family and that he return alone, but with the drugs. [ 89 ] I accept that it can be a fine line between mere discussion and agreement. Considering the whole of the evidence of what Mr.

Kesminas said and did in the context of the conspiracy to import cocaine, however, I am satisfied that he agreed to work with Adam Luangphasi and others to achieve the common goal of importing cocaine. In other words, that he was probably a member of that conspiracy. The evidence is, in my view, quite straightforward. [ 90 ] Mr. Kesminas attended a meeting with Mr. Laungphasi and Mr. Brown. I find that he knew what the purpose of that meeting was when he attended it. It was to discuss importing cocaine into Canada using a plane.

His very attendance at the meeting supports the inference that he was a willing participant in the scheme. [ 91 ] I find, in any event, that Mr. Kesminas did more than just offer advice about how to rent a plane or even how to smuggle cocaine into the country. He agreed to assist in making it happen. He agreed to be a part of the conspiracy and to help achieve its goal. [ 92 ] I accept that the agreement was more tacit than explicit. That is to be expected, in all the circumstances. But the conclusion that Mr.

Kesminas agreed to aid in achieving the common goal is, in my view, inescapable when the intercepted discussion is considered as a whole. It is particularly supported by the following utterances: Mr. Kesminas: (Speaking about a purchased plane)…I’d register it in my fucking uh my company no problem. … Mr. Kesminas: Right, so I know I can fly that I can guarantee from point A to point B, from that point is that your fucking problem, not my problem. … Adam Luangphasi: So maybe you can and when you have time you look for one [a plane] to rent. Mr. Kesminas: I will look. [ 93 ] Being satisfied that Mr.

Kesminas was probably a member of the conspiracy, I will move on to Step Two. I appreciate that Step Two is a conceptually distinct step from Step One. The two steps should not be collapsed into one. That said, based only on the evidence admissible directly against Mr. Kesminas, I am not only satisfied that he was probably a member of the conspiracy to import cocaine, I am satisfied beyond a reasonable doubt that he was such a member. I will nevertheless proceed to Step Two. Step Two – Membership to the Reasonable Doubt Standard [ 94 ] At this second step of the analysis, the court may consider not only what Mr.

Kesminas did or said in the context of the conspiracy, but also what other persons who were probably members of the conspiracy to import cocaine said and did while the conspiracy was ongoing and to further its purpose. In the end, the question is whether the court is satisfied beyond a reasonable doubt, based on all of the evidence bearing on this issue, that Mr.

Kesminas was a member of the conspiracy to import cocaine into Canada. [ 95 ] Again, Crown and defence have very different positions. [ 96 ] Defence counsel takes the position that a consideration of what others said and did in furtherance of the conspiracy tends to undermine the conclusion that Mr. Kesminas was a member of the conspiracy to import cocaine. [ 97 ] Defence counsel points, in particular, to discussions Adam Luangphasi had with other probable members of the conspiracy that he says confirm that Mr. Kesminas was not a member.

For instance, on June 16, 2016, Adam Luangphasi was intercepted speaking with an unknown male about Mr. Kesminas. The unknown male asked Adam Luangphasi how much he trusted Mr. Kesminas. The following discussion ensued: Adam Luangphasi: Well I trust my buddy the guy that introduced me to him I trust him I've been working with him for like 10 fucking years selling fucking shit to him all fucking 10 years. Unknown Male: Yeah. Adam Luangphasi: And he owns part of the private school with him so… Unknown Male: Yeah.

Adam Luangphasi: Yeah he partnered like they opened it together one of them not the other one not the one in Grimsby or whatever the one in Hamilton he partnered with him. Unknown Male: Oh. Adam Luangphasi: So he's known him for as longer than I know him I think he's known him for like 20 years but my buddy vouches for his he knows where he lives he knows his family (unintelligible) I don't know if it's good if we have him it's doable I don't (unintelligible). [ 98 ] Defence counsel contends that the foregoing discussion makes it clear that Mr. Kesminas had not yet become a member of

the conspiracy. His participation was still, at that point, under consideration. [ 99 ] He similarly points to the following further exchange between Adam Luangphasi and the same unknown male: Unknown Male: So you think you got the guy? Adam Luangphasi: I don’t know I just met him but… [ 100 ] Again, defence counsel submits that the foregoing exchange demonstrates that discussions between Mr. Kesminas and other probable members of the conspiracy were at a preliminary stage only. Neither side had yet committed to the other. [ 101 ] Crown counsel demur.

They argue that a consideration of what other probable members of the conspiracy said and did supports the conclusion that Mr. Kesminas was a member of the conspiracy. They point specifically to para. 16 of the Agreed Statement of Facts. In that paragraph, the parties agreed that at 5:53 p.m. on June 9, 2021, Adam Luangphasi phoned Hans Lauro and asked him if he had spoken to “the pilot guy” about going to Jamaica. Hans Lauro responded that “the pilot guy” confirmed that he would do it. [ 102 ] Crown counsel submit that the foregoing discussion supports an inference that Hans Lauro had spoken to Mr.

Kesminas about what they were planning on doing and that Mr. Kesminas had agreed to participate. They say it makes no sense for Hans Lauro to recommend Mr. Kesminas to other probable members of the conspiracy unless he had spoken to Mr. Kesminas and confirmed that he was agreeable. [ 103 ] I am satisfied beyond a reasonable doubt, based on my consideration of the whole of the evidence, that Mr. Kesminas was a member of the conspiracy. [ 104 ] I accept that no final decision had been made whether to use Mr. Kesminas’ services. And I accept that not every member of the conspiracy had agreed that Mr.

Kesminas would play a role in it. But the focus here is on whether Mr. Kesminas committed the actus reus of the offence and whether he had the requisite mens rea at the relevant time. I am satisfied beyond a reasonable doubt that he did. In essence, he was asked if he would help achieve the goal of importing cocaine into Canada. And in essence he agreed that he would. It matters not whether it went any further than that. [ 105 ] There is additional support in intercepts that took place prior to the meeting on June 16, 2021 for the conclusion that Mr.

Kesminas had agreed to arrange for the importation, by air, of cocaine from Jamaica or another point in the Caribbean. [ 106 ] For instance, on June 9, 2021, Adam Luangphasi was intercepted speaking in his car with Owen Vogelson, Basil Dixon and another, unknown male. Adam Luangphasi said, “My guy here he has his pilot license he had planes everything can we do anything with that?” Owen Vogelson asked, “Could he go?” Adam Luangphasi responded, “Yeah he can go he had to bring passengers or he had to go on vacation”. [ 107 ] This passage suggests that there had already been a discussion with Mr.

Kesminas about his willingness and ability to participate in the importation of cocaine by plane. [ 108 ] Again, I need not be satisfied that Mr. Kesminas was capable of piloting a plane to the Caribbean or arranging for someone else to do so. I need not be satisfied that the balance of the probable members of the conspiracy would ultimately use Mr. Kesminas to do so. I need only be satisfied, to the reasonable doubt standard, that Mr.

Kesminas understood what the goal of the conspiracy was, intended to agree to help the conspiracy achieve that goal, and ultimately did agree to help the co-conspirators achieve that goal. [ 109 ] There is no doubt that Mr. Kesminas understood the goal of the conspiracy. He admitted as much. [ 110 ] I find that Hans Lauro approached Mr. Kesminas about assisting with the importation of cocaine by airplane. I further find that Mr. Kesminas agreed to provide such assistance. The meeting with Adam Luangphasi and Nathan Brown would never have happened without that agreement. Hans Lauro would never have vouched for Mr.

Kesminas if he was not satisfied that Mr. Kesminas was a willing participant. [ 111 ] I further find that Mr. Kesminas knew what the purpose of the meeting with Messrs. Luangphasi and Brown was and that he would not have attended that meeting unless he intended to agree to assist with the goal of the conspiracy – the importation of cocaine by airplane. [ 112 ] Finally, I find, based on the intercepted communications between Mr. Kesminas and Messrs. Luanghphasi and Brown, that Mr.

Kesminas clearly expressed his agreement to assist with achieving the goal of the conspiracy. [ 113 ] In the result, I am satisfied beyond a reasonable doubt that Mr. Kesminas was, as of June 16, 2021, a member of the conspiracy. [ 114 ] There will be a conviction on count 7. [ 115 ] I will move on to count 11.

Count 11: The Conspiracy to Utter Forged Documents [ 116 ] Count 11 on the indictment provides as follows: Count 11: AND FURTHER THAT Giedrius KESMINAS and Hans LAURO between the 31st day of March in the year 2021 and the 12th day of April in the year 2021 at the Province of Ontario and elsewhere in the country of Canada did conspire together to commit the indictable offence of uttering forged documents contrary to section 368(1) (

b) of the Criminal Code by using forged documents, including employment income, as if they were genuine for the purpose of registering a residential property in the name of Helen Lauro contrary to

section 465(1)(

c) of the Criminal Code. [117] According to the wiretap evidence filed, the introductory call that initiated the alleged conspiracy took place on March 23,2021. In other words, outside of the date range specified in the Indictment. I am not particularly concerned with this shortcomingbecause the date is not an essential element of the offence. [118] I am, however, more concerned about the fact that the alleged conspiracy was particularized as one to utter forged documentsfor the purpose of registering a residential property in the name of Helen Lauro.

The case, as presented at trial, reflected a differentpurpose - to obtain a mortgage by fraudulent means. [119] Counsel did not address this shortcoming of the indictment at trial. I confess that I did not twig to the problem until I was in themidst of drafting my reasons for judgment. [120] In R. v. Saunders, (SCC), [1990] 1 S.C.R. 1020, the Supreme Court, in a brief decision, held that “it is afundamental principle of criminal law that the offence, as particularized in the charge, must be proved.” [121] Saunders was a conspiracy case. The Crown had particularized the conspiracy as one to import heroin.

As the case waspresented at trial, it turned out that the evidence was of a conspiracy to import cocaine. The Supreme Court held that it was incumbentupon the Crown to prove a conspiracy to import cocaine, given the way the indictment was particularized. [122] In the case at bar, the conspiracy is particularized as uttering a forged document for the purpose of registering a residentialproperty in the name of Helen Lauro.

The evidence tendered was directed at a conspiracy to utter a forged document to obtain amortgage in favour of Hans Lauro. [123] Counsel have not had an opportunity to address the Saunders decision or its effect on Count 11. In the result, I will reserve mydecision on that Count until they have had such an opportunity. C. Boswell J. Released: February 1, 2024 Appendix “A” Intercepted Communications re the Importation of Cocaine Date Communication June 9, 2021 At approximately 5:13 p.m. Adam Luangphasi, Owen Vogelson, andBasil Dixon met in Adam Luangphasi’s white 2021 BMW X7 to discussimporting cocaine.

During the conversation Adam Luangphasimentioned that he has someone here that has planes and operates theirown flight school. Adam Luangphasi explained that his contact has a $4million home in Hamilton and that his boy is close friends with him. Adam Luangphasi has asked about traveling to Jamaica and Colombiaand he confirmed those were options. The group discussed sending thepilot to Guyana to load the plane and then having him return to a specificlocation where Customs is controlled by their contact “R”.

Theydiscussed whose role it would be to ensure that the government inGuyana is taken care of to avoid interference clearing the plane there. Owen Vogelson explained the process with contacting Guyana to initiatetravel to that country. Basil Dixon made the comment that you could geta lot of coke in Guyana.

June 9, 2021 At approximately 5:53 p.m, Adam Luangphasi phoned Hans Lauro and spoke with him to confirm details about the pilot that he had just shared with Owen Vogelson and Basil Dixon. He asked Hans Lauro if he talked to the pilot guy about going to Jamaica. Hans Lauro replied that he would look into it but he doesn't care it and said he would do it. They talked about the size of plane, renting a larger one, and calculating expenses. Adam Luangphasi asked about going to Guyana and then asked if Hans Lauro could call the pilot so he could talk to him. They agreed to set up a meeting for the next day.

June 11, 2021 Adam Luangphasi phoned Hans Lauro. He told him that he really needed to meet that guy. Hans Lauro told him he was waiting for him to call him back. Adam Luangphasi said that he wanted to do something and told him he wanted to meet him ASAP. Hans Lauro said he would try and set up the meeting for tomorrow. Adam Luangphasi asked Hans Lauro if he had heard about all those busts overseas. AL said that thing fucked up our shit so they have to wait another week. Adam Luangphasi said we're good but it just got delayed because of that that just happened.

Hans Lauro said he should be OK but he's starting to run low. Adam Luangphasi said that he'd find him something if he needs it in the mean time. June 14, 2021 At approximately 2:24 p.m. Adam Luangphasi spoke with Hans Lauro about Mr. Kesminas’ flying experience. Hans Lauro told him he can rent planes and do everything just not in the United States. Hans Lauro said that he is waiting on him to set up the meeting. June 14, 2021 At approximately 4:40 p.m., Adam Luangphasi, Owen Vogelson, and Basil Dixon met and discussed the following: (

a) Importing cocaine. Adam Luangphasi told Owen Vogelson that they have 44 with B and that if the thing with E comes then they will have a lot more. Adam Luangphasi confirmed that B told Owen Vogelson everything is good. Adam Luangphasi said that if B comes through on Wednesday then we can give him six more and they will still have some leftover to give Mask. Owen Vogelson also mentioned that they would get control of the 500 that are coming here and said to send it; (

b) Adam Luangphasi asked Basil Dixon if R is coming and he said no. They spoke about “our thing” and Basil Dixon told him there is one little issue. There are three flights going down tomorrow so R is going to send it down. They speak about seaming it, and about riveting it. Basil Dixon described a table being set up for them to do it. He said that yesterday they tried to do a PMC but it couldn't go. They “didn't do it good”, it started to burst. He explained that you have to get a long fucking rivet, the right rivet, and talked about packing it.

Adam Luangphasi then clarified that the PMC they have now isn't big enough, and if R doesn't send it down then they have to wait again. They discussed how the small PMC can hold “40”. Adam Luangphasi then asked if they could just do the 40 if R doesn't make it on time. R was supposed to send it yesterday but Basil Dixon doesn't know if he sent it; (

c) They spoke about something needing to be sent from here and Adam Luangphasi said that B has 13 more he's trying to get rid of. Adam Luangphasi said that his thing hasn't come yet, but he's hoping that R lands the things he paid for on Wednesday, he gets 6 more to make it 50 and he will still have some leftover. Adam Luangphasi said that the next thing he wants to do is two PMCs but Basil Dixon told him that would be hard; (

d) They confirm the roles of the people involved. Mouse is the one

preparing it. Monk is bringing it in but they also mentioned Monk with the preparation. Basil Dixon said that the PMC is so complicated because it's not one set of men doing it. Somebody has to put the load on it, they have to come through, somebody has to move it through, somebody has to put the load on it, and somebody has to let it go through; (

e) Basil Dixon explained that they have the PMC but now they need someone to put the load on it and put it on the plane. Adam Luangphasi clarified that it has to be the company’s load and Basil Dixon confirmed because the company doesn't take the PMC, they take the load. The PMC is a safety device for the load. Adam Luangphasi then asked how they get the PMC and was told through Air Canada, you can just unload it and repack it here; (

f) Adam Luangphasi then said that after that he has 250K to swap and he doesn't mind sending that to D but if they're going to do the PJ then his group can only do DR (Dominican Republic). If he can do somewhere else then he'll do half and half with “him”; (

g) The group talked about how with COVID they're calling back all the employees. A recent seizure of 250 occurred and now they have all these employees present with nothing to do; (

h) They discussed doing the same method after the seizure and the issues with that. Adam Luangphasi suggested doing it would be like reverse psychology because they don't expect them to; (

i) Adam Luangphasi and Owen Vogelson discussed how they weren't aware that it was going to be coming from Kingston. Owen Vogelson thought it was coming from Mo Bay (Montego Bay) because of what he was told from R. Adam Luangphasi and Owen Vogelson also spoke about B and are trying to make this work but if they can't then there's nothing wrong with Adam Luangphasi pulling back because there is someone that can do it. Adam Luangphasi then told Owen Vogelson that if B and R keep delaying him and he can make it through with Mass then he's giving it all to Mass and White Boy. Owen Vogelson said he can give it to John.

Adam Luangphasi said he's scared B and Owen Vogelson said have a serious meeting with Mass and get him to pull it; (

j) Adam Luangphasi and Owen Vogelson described their roles and stated Adam Luangphasi's role is not to do the on and the off, he passes the money and gets the work. Owen Vogelson’s role is to get the work to them. Their job is to load it and send it; (

k) Adam Luangphasi then discussed the ability of Hans Lauro’s pilot to rent a plane, fly down to Dominican Republic and pick up a load and fly back. There was discussion about Guyana and Adam Luangphasi provided more details about the pilot. He explained that the pilot operated flight schools that are connected to the airports. He uses Hamilton , Guelph and Burlington airports. They then discussed if that would impact where a jet could be rented from and if they would have to get it from Burlington, Hamilton or Grimsby; (

l) They discussed several other methods for importing cocaine and mentioned another pilot that the group had access to out of the Dominican Republic. Owen Vogelson suggested if they could do two of

these shipments a year then they would be good. Adam Luangphasi asked if they would use his pilot for that. Adam Luangphasi mentioned that he was going to see the pilot guy tomorrow and that he was going to try and bring R with him. They talked about what the pilot’s landing fee would be and Adam Luangphasi said that he would ask. They then discussed the strategy they would use and the optics of a pilot renting a plane to bring his family to Jamaica if he's never done that before. Owen Vogelson then suggested bringing someone out to look at the plane so they could tell them where to put it. They continued to discuss what Adam Luangphasi’s pilot can do and where he can travel; (

m) Adam Luangphasi then phoned Hans Lauro and asked him questions about the pilot. Hans Lauro confirmed that he opened the flight school with the pilot and they discussed meeting with the pilot. June 14, 2021 At roughly 5:30 p.m. Adam Luangphasi, Owen Vogelson and “B” meet. Adam Luangphasi says his guy in Barbados can send “work” here. “Work” is, according to Corp. McIntyre, coded language for controlled substances. In any event, Adam Luangphasi proceeds to describe how his guy gives the work to a mule once they clear customs at the departure end.

The mule then brings it as a carry-on and leaves the contents of the carry-on in the washroom of the arrival end, to be collected by someone on the inside. June 16, 2021 Adam Luangphasi phoned Hans Lauro. They discussed the meeting and Hans Lauro said he is in Richmond Hill and won't be able to come unless it’s later on. Adam Luangphasi and Hans Lauro spoke again to co- ordinate meeting the pilot at 1:00 p.m. Hans Lauro told Adam Luangphasi to flag his contact down and told Adam Luangphasi that his friend’s name was Greg. June 16, 2021 At approximately 1:18 p.m., Adam Luangphasi met with Mr. Kesminas.

The following was discussed: (

a) Mr. Kesminas said he would be gone to a funeral in Lithuania and he will be back on July 7th. Adam Luangphasi confirmed that anything they set up will have to be after that; (

b) Mr. Kesminas and Adam Luangphasi discussed the viability of landing in both Dominican Republic and Jamaica as destinations and Adam Luangphasi stated that both destinations are doable. Adam Luangphasi informed him that he can get him clear to Hamilton and that he has a specialist mechanic that does this for living; (

c) Adam Luangphasi mentioned 300 kilos and Mr. Kesminas replied that's not much. Mr. Kesminas indicated, “I'm counting other people right”; (

d) They then discussed scenarios that will allow landing in smaller airports. Adam Luangphasi stated that he has Customs at Pearson but thinks it will be easier at Hamilton. Adam Luangphasi explained that they are sent between Pearson and Hamilton. They will work when they are there and when they go back to Pearson then they take a six or seven month break; (

e) Adam Luangphasi then spoke about previously traveling internationally in a private jet but his contact in Halifax passed away and now he doesn't have the connection. Adam Luangphasi stated that everything will be safe because he has done this countless times

(

f) Mr. Kesminas stated that he can't go to the United States because he was previously an overstay. Mr. Kesminas indicated that he has three planes and they spoke about how far they can travel and the cost of fuel. Nathan Brown then attended the meeting; (

g) Mr. Kesminas then talked about the process of renting and it being through his company. He mentioned the possible scenarios of bringing a client to Dominican or bringing his family down for vacation. The jet would require 2 pilots but it would be best to keep fewer people involved; (

h) Mr. Kesminas discussed how the process will work with Customs attending when you travel internationally. He talked about faking an emergency and landing in Grimsby, St. Catherines or McCrae if you want to unload. He stated that he is trying to avoid the jet though; (

i) They spoke about the different types of planes, how far they can go, and how much weight they can carry. They discussed doing a dry run first and Mr. Kesminas suggested that would be a waste. He guarantees from point A to point B. From that point it's Nathan Brown and Adam Luangphasi’s problem. They discussed just being concerned about security; (

j) They spoke about the customs clearance process when returning from international travel. Mr. Kesminas stated his best method for coming in is to land in Hamilton and park with his other planes. He said his reputation is high in the Hamilton airport; (

k) They also spoke about doing a landing somewhere that isn't at the designated airport. They could only do this once and you would have to explain a situation with the airplane to justify it; (

l) After Mr. Kesminas left the conversation Adam Luangphasi and Nathan Brown continued to discuss the plan. Adam Luangphasi explained that he trusted Mr. Kesminas because his buddy (Hans Lauro) vouches for him. They're partnered together on a flight school and he's known him for 20 years; (

m) Adam Luangphasi told Nathan Brown that only he knows the security. Adam Luangphasi can fund it and this guy (Mr. Kesminas) does his thing and Nathan Brown does his thing and hopefully it works out good. They then joked about having money and Adam Luangphasi suggested that when he cracks $100 million then he is done. June 16, 2021 At approximately 3:46 p.m. Adam Luangphasi spoke with Hans Lauro. They discussed Adam Luangphasi’s meeting with Mr. Kesminas. Hans Lauro asked if everything looks okay and Adam Luangphasi told him he hopes so and he's going to find out soon. Then they discussed the thing for next week because Hans Lauro is running low on cocaine.