A4

By SHAWN BERRY
berry.shawn@dailygleaner.com

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Two brothers from Noonan who were ensnared during a major drug bust apologized to their families Friday as they were each sentenced to five years in prison.

Justin Terrance Nolais, 34, of 26 Eyre St., and Kirby Roy Nolais, 32, of 22 Eyre St., who were charged in 2007 after a major police operation codenamed Operation Jellybean, were handed prison terms Friday by provincial court Judge Mary Jane Richards.

She agreed to the joint recommendation from the brothers' lawyers and the Crown.

The men were also ordered to forfeit money, paraphernalia and weapons that were found during raids at their homes and at a known drug den located at 10 Brideau Lane in Penniac.

"I have three kids. I apologized to all of them before I left this morning," Justin Nolais told the court before being handed his sentence.

"We've both got families," said his brother Kirby. "I've got two kids of my own. I apologize."

The brothers previously pleaded guilty to a joint charge of conspiracy to traffic cocaine.

Justin Nolais also pleaded guilty at a prior court appearance to possession of marijuana for the purpose of trafficking and possession of a prohibited weapon (brass knuckles).

Kirby Nolais pleaded guilty to possession of marijuana for the purpose of trafficking, possession of magic mushrooms for the purpose of trafficking, producing marijuana, and possession of a loaded prohibited weapon (a .25-calibre handgun).

Crown prosecutor David Hitchcock and Justin Nolais' defence lawyer, Howard Peters, said there was give and take in arriving at a plea agreement. A number of charges against each brother were dropped, as were charges against each man's commonlaw spouse.

Peters said that without the deal, the matter likely would have spent two or three years before the courts.

Police executed warrants at the drug den and at the men's homes on Jan. 25, 2007, as a result of a year-long undercover investigation into drug trafficking.

Over the course of the investigation, an undercover RCMP officer brought in from Alberta bought cocaine on several occasions at the drug house at 10 Brideau Lane. Vehicles registered to the Nolaises or their spouses were at the location each time.

The court heard that the transactions were conducted through a small opening and the officer never saw a face when he bought the drugs.

Though he did plead guilty, Justin Nolais asked the court to note that the police assumed that the people inside the house were the registered owners of the vehicles.

While police said they seized 140 pounds (63 kilograms) of marijuana from his home, he insisted it was 60 lbs. (27 kg).

He also asked the court to note that there was no cocaine in the house in which his family lived.

A little more than $1,300 in cash was seized when police raided 10 Brideau Lane. Kirby Nolais was arrested inside.

Drugs, $5,570 in Canadian currency and $168 US were seized from Kirby Nolais' home, as well as the .25-calibre handgun, which was loaded with six rounds.

"You were involved in a sophisticated drug-trafficking operation," Richards said after handing down the sentence.

She also ordered the brothers to submit DNA samples for inclusion in a criminal database and banned them from possessing firearms for 10 years.

Operation Jellybean was a lengthy drug investigation conducted by the RCMP and the Fredericton Police Force.

It targeted a group of individuals alleged to be involved in the trafficking of illegal drugs in the Fredericton area.