The lawyer for convicted drug trafficker Michael Damien Byrne has applied to have his case transferred to the Drug Treatment Court in Vancouver. (Submitted photo)

By Ian Holmes

drug trafficker

Drawn-out sentencing hearing for Nanaimo fentanyl dealer hits unexpected road bump

Dec 16, 2019 | 9:00 AM

NANAIMO — A complex sentencing hearing for a convicted drug trafficker has gotten more unclear.

Michael Damien Byrne, 41, was slated to be sentenced Monday, Dec. 16 in the Supreme Court of B.C. He previously pleaded guilty to fentanyl and carfentanil trafficking charges, along with a weapon’s offence after being arrested in Nanaimo in late May, 2017.

His defence lawyer Cheyne Hodson is now lobbying for Byrne to be transferred to Drug Treatment Court in Vancouver.

Successful applicants to the program make mandatory guilty pleas in exchange for lengthy and intensive drug treatment, strict bail conditions and periodic drug testing.

Federal Crown prosecutor James Farenholtz said the application is far from a sure thing.

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“It would effectively be an unprecedented application given where we are in the proceedings,” Farenholtz told Justice Douglas Thompson Monday afternoon.

Byrne’s screening for the in-demand alternative justice program has not begun, court was told.

More clarity is expected when Byrne’s case is re-visited during a routine court appearance in the new year.

Byrne’s sentencing hearing was originally slated for April 10, 2019. However, he failed to return for the afternoon session after he elected to plead guilty earlier the same day.

A warrant was immediately issued for his arrest and he was apprehended in the summer of 2019.

The case against Byrne revolves around a small amount of potent drugs and brass knuckles, according to Farentholtz.

Byrne remains in custody at the Vancouver Island Regional Correctional Centre in Victoria.

He sat silently in a red prison jump suit during his brief court appearance.

Byrne has a lengthy criminal record, primarily for drug offences and property crimes.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes