B.C. court decision on undercover investigation outlines alleged inner workings of dial-a-dope operation

April 2022 update: Billie Onare Kim was sentenced to 10 years' incarceration. A judge also imposed ancillary orders including that Kim is prohibited from possessing any firearm, crossbow, restricted weapon, ammunition or explosive substance for life. Original copy follows.

A recent court decision gives the general public a look into what it's like to run a complex drug operation in B.C.

Late last week, a judge found a Metro Vancouver man guilty on 14 counts under the Controlled Drug and Substances Act and Criminal Code of Canada.

The offences Billie Onare Kim was found guilty of include possession for the purpose of trafficking, and followed the execution of a search warrant that turned up, among other things, "various drugs and firearms," according to court documents.

The ruling from Madam Justice Martha Devlin, read in a New Westminster courtroom on Oct. 22, included that the Crown alleged the drugs seized included cannabis, heroin, fentanyl, cocaine, methamphetamine, alprazolam (often referred to by the brand name Xanax), and two analogues and a derivative of fentanyl.

The search occurred in a condo in Richmond back in 2017, and resulted in charges against Kim and two others.

In her ruling, the B.C. Supreme Court judge outlined allegations of how the dial-a-dope operation Kim was said to have been part of was providing drugs to users at the time, and what is typical in similar setups.

This particular operation called itself Green Planet, the court heard as part of Kim's case. The Crown submitted evidence it said suggested Kim was in a managerial role, though it admitted its case was circumstantial. His lawyers argued this evidence was insufficient.

Ultimately the judge concluded, beyond a reasonable doubt, that Kim was guilty as charged.

HOW DIAL-A-DOPE OPERATIONS WORK

During the trial, the court heard testimony from experts about how dial-a-dope operations are run. Typically, a customer would call a phone number, then pick up their order at a pre-arranged location.

A police constable qualified as an expert on the controlled substances located inside the Richmond condo explained these callers use what he called a "drop name," which the call taker would recognize.

He told the court many such operations use one phone number, which is then forwarded to call takers' phones. That way, if one of the phones is confiscated in a police investigation, the rest of the operation isn't shut down.

Additionally, it provides easy access for callers. There is generally a list of approved clients associated with this number.

The testimony provided by the constable outlined generally how these operations are run, not specifically what is alleged to have occurred in the Richmond condo involved in the Kim case.

Those involved in the management of these operations will assign shift work, and sometimes those involved are working in different cities. Employees "work the phone line," as Justice Devlin put it, and are also responsible for deliveries.

Some organizations have a dispatcher who keeps these workers, known as "dialers," organized.

Some even have a "line boss," who handles scheduling, paying employees, general co-ordination and more, the constable said.

Others are employed to weigh and package the drugs, which the expert said are purchased in bulk by many of these operations, and then broken down to sell on the street.

"This is a time-consuming and meticulous process. Cutting agents, such as caffeine and phenacetin, are used to increase the yield and increase profit," the judge wrote in her recap of the testimony.

These organizations will also have "stash sites," where drugs and related items are prepared and stored. The Crown told the court the condo in Richmond was considered to be such a site.

UNDERCOVER INVESTIGATION

Kim's case involved an undercover investigation in the spring and summer of 2017. Police allege there were two phone numbers tied to Green Planet, and that officers used those numbers to make purchases from people they said were later seen at the same condo with Kim.

Based on evidence submitted during the trial, the judge found the drugs purchased by these officers were packaged in a way consistent with what police seized at the condo.

The court heard a mix of heroin, fentanyl and caffeine came in a Ziploc bag with a "Q" in black market, and another mix of fentanyl and caffeine in a similar bag with a black "5" written on it. Similar mixes were found in the condo, evidence presented in court suggested.

It appears at one point one of the undercover officers was made. He'd called to request a larger bag, so he could sell smaller packages on Vancouver Island. The sergeant working undercover was told to call back later, then questioned about how he knew someone involved in the operation. After that, the officer's calls were never answered.

Through use of a tracking device and other surveillance equipment, the condo in Richmond was monitored by police in a way that produced evidence tying Kim to the condo on Brighouse Way.

This evidence was proof to the judge that Kim and one other person controlled access to the condo, as one of only two people with the keys.

A search warrant was executed in September, with some members of the Emergency Response Team breaking through a locked door and others entering through a balcony.

The court heard there was little furniture inside, and "I find as a fact that nobody resided in the unit," Justice Devlin said, declaring it a "stash site."

Police said drugs and other paraphernalia, as well as weapons, were found inside, and the judge said it was clear the unit was being used to assemble and package drugs for street-level distribution. Most items were in plain view on the dining room table and kitchen island, she said.

Still, the evidence connecting Kim to the case, the judge wrote, "is entirely circumstantial." Citing precedent, she said she was satisfied that "the only reasonable inference" to be drawn from the evidence in its entirety was that Kim was involved.

The full ruling is available online.