Child exploitation warrant leads to major Nanaimo drug bust

An agreed statement of facts heard police were awarded a separate search warrant following approval to enter Banez’ townhouse unit on Jingle Pot Rd. at Wakesiah Ave. on Oct. 18, 2023.

Over one kilogram of fentanyl (1,059 grams) was located, which contained about 360 grams of the extremely potent synthetic opioid carfentanil.

“Carfentanil is 100 times more potent than fentanyl and is not approved for use by humans in any amount,” federal Crown prosecutor Chris Gibson told the hearing. “It’s a substance that has uses in the veterinary field with much larger animals such as elephants.”

Nearly 900 grams of cocaine was found in the home, as well as about 250 grams of methamphetamine.

An RCMP drug expert estimated the street value of the seized illicit drugs was worth upwards of $340,000.

Police also located three unloaded, over-capacity handguns, knives, score sheets, a money-counter and over $3,000 from Banez’ vehicle.

The score sheets documented that multiple lower-level dealers had received over $20,000 worth of hard drugs from Banez for re-sale.

One of several phones seized from Banez contained text messages which reinforced his drug dealing scheme.

“An expert opinion on the matter concluded that the evidence was consistent with Mr. Banez being a mid-level dealer distributing substances to other individuals who were also drug traffickers,” Gibson said.

Banez has one prior conviction, a three-and-a-half-year jail sentence issued in December 2014 for drug trafficking.

The original search warrant for the illegal child sex abuse/exploitation material resulted from a single upload from Banez’ home on Dec. 31, 2022, the provincial Crown’s Leanne Mascolo informed court.

Following a tip to Nanaimo RCMP from the BC Integrated Child Exploitation Unit, Mascolo said several months later police uncovered over 1,300 illegal videos and pictures from a laptop and phone belonging to Banez at his home.

The disturbing collection included highly graphic instances of young girls sexually abused by adult men.

Banez lived at the home alone.

A pre-sentence report stated Banez had a turbulent childhood where he suffered severe verbal abuse and neglect.

Banez’ defence attorney said his client has struggled with his mental health, including having suicidal ideation in his 20s.

“It’s clear that there’s quite a bit of unresolved trauma that Mr. Banez has struggled with and appears to continue to struggle with,” Cheyne Hodson told court.

He said his client complied with strict bail conditions, including electronic monitoring, while on house arrest at his father’s home for the past 16 months.

Provincial court judge Chris Churchill said evidence presented before the court indicates that Banez spent most of his adult life as a drug trafficker.

The judge implored Banez to take advantage of in-custody rehabilitative programming.

“You need to do that hard work so that you don’t spend too much of your young life in custody. If you work hard while you’re in custody, options for parole will open up for you, those will open up earlier if you do the hard work.”

One hundred and forty-three days of pretrial in-custody credit will slightly reduce Banez’ lengthy prison sentence.

Eight other drug trafficking charges were tossed in exchange for his guilty pleas.

He declined to address the court.

Banez’ case was scheduled to go to trial, however, he opted to plead guilty in March.

Post-release, he’ll appear on the National Sex Offender Registry for 20 years.

A lifetime firearms prohibition was also applied against Banez, who must also comply with a DNA order.

The offender’s father was in tears while hugging his son as he was led away in handcuffs.

Banez will serve his prison tenure at an institution to be selected by Correctional Service Canada.

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by Ian Holmes

Child exploitation warrant leads to major Nanaimo drug bust

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