# ONTARIO
# SUPERIOR COURT OF JUSTICE
**COURT FILE NO.:** 643/13
**DATE:** 20151127
## B E T W E E N:
**HER MAJESTY THE QUEEN**
Holly Akin and Pamela Larmondin, for the Public Prosecution Service of Canada
- and -
**JAMES BUTTAZZONI, SEAN HUSSAIN, RAMPERSAUD RAMLALL, GARY RAMOUTAR**
James Carlisle, for James Buttazzoni
Royland Moriah, for Sean Hussain
Mukesh Bhardwaj and Paul Dhaliwal, for Rampersaud Ramlall
Maurice J. Mattis, for Gary Ramoutar
Accused
**HEARD:** January 7 – 9, 12 – 16, 19– 22, 26 – 30, February 2 – 6, June 29 – 30, 2015.
**REASONS FOR JUDGMENT**
Daley, RSJ.
Introduction
[1] The four accused, having re-elected to have their trial before a judge alone, were tried on a four count indictment, which included allegations that they were involved in the importation of 112 kg of cocaine from Guyana into Canada.
[2] The charges against the accused may be summarized as follows:
(a) Count 1 - the accused James Joseph Buttazzoni (“Buttazzoni”), Sean Mohammed Hussain (“Hussain”), and Rampersaud Ramlall (“Ramlall”) are charged with having conspired, at the City of St. John, New Brunswick, and the City of Mississauga, Ontario, in the period between May 22, 2012 and June 15, 2012, with Lawrence Fitzpatrick Dalloo (“Dalloo”), and other unindicted co-conspirators, to import cocaine into Canada contrary to [section 6(1)](https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html#sec6subsec1_smooth) of the [Controlled Drugs and Substances Act](https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html) (“CDSA”) thereby committing an offence contrary to [Section 465(1)](https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec465subsec1_smooth)(c) of the [Criminal Code of Canada](https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html);
(b) Count 2- the accused Buttazzoni, Hussain and Ramlall are charged with importing cocaine into Canada at the City of St. John, New Brunswick, and in the City of Mississauga, Ontario, on May 28, 2012 contrary to [section 6(1)](https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html#sec6subsec1_smooth) [CDSA](https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html);
(c) Count 3 – the accused Buttazzoni, Hussain, Ramlall, and Gary Glenn Ramoutar (“Ramoutar”) are charged with possession of cocaine for the purpose of trafficking at the City of Mississauga, in Ontario, between June 13, and June 15, 2012, contrary to [section 5(2)](https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html#sec5subsec2_smooth) of the [CDSA](https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html);
(d) Count 4 – the accused Ramlall is charged with possession of cocaine for the purpose of trafficking, at the City of Whitby, in the Province of Ontario on June 15, 2012, contrary to [section 5(2)](https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html#sec5subsec2_smooth) of the [CDSA](https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html).
[3] The shipment of cocaine arrived in Canada on May 28, 2012 at the port of St. John, New Brunswick by ship, in a sea container. The estimated value of the cocaine, if sold at the kilogram level, was approximately $3.9 million and, if sold at the gram level, was $8.9 million.
[4] The shipment of the cocaine from Guyana was detected and identified by police authorities at St. John, New Brunswick and a controlled delivery of the shipment was undertaken by the police. The cocaine was hidden inside the wooden planks of 19 of 20 pallets located in the sea container. The container also held a quantity of canned and prepared food products. Following the seizure and examination of the container by police authorities, a small quantity of cocaine was left within the container as part of the controlled delivery.
[5] The controlled delivery of the container and pallets involved the transport of the container and contents via rail to a rail yard at Mississauga, Ontario, from where the container was picked up and transported to a storage locker facility in Mississauga. The pallets were removed from the container and transported to the accused Ramlall’s residence in Whitby, Ontario. Following the arrival of the pallets at that location, the accused were all arrested and charged with the offences outlined above.
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__________________________
Daley RSJ.
Date: November 27, 2015
COURT FILE NO.: 643/13
DATE: 20151127
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
- and –
JAMES BUTTAZZONI, SEAN HUSSAIN, RAMPERSAUD RAMLALL, GARY RAMOUTAR
Accused
REASONS FOR JUDGMENT
Daley, RSJ.
Released: November 27, 2015
minicounsel