Pair convicted in diving scheme involving hidden cocaine face more legal woes

Legal problems continue to mount for two men who were convicted of cocaine trafficking charges as part of an elaborate plan that involved a risky dive off a beach in south-end Halifax.

The men, Matthew Ross Lambert, 36, and Darcy Peter Bailey, 49, were convicted last month. Lambert has been sentenced to a total of 14 years in prison. Bailey is to be sentenced next month.

The pair were arrested in June 2018. Authorities were able to recover nearly 158 kilograms of pure cocaine in bricks that were found in three duffel bags concealed in a compartment on the underside of a container ship. The ship, the Arica, had arrived in Halifax from Montreal and was docked at Halterm, near Point Pleasant Park.

While Lambert was in jail during his trial, he was accused of being part of a vicious attack on another inmate in the Central Nova Scotia Correctional Facility in Dartmouth. He and his co-accused are due in court Wednesday on charges including attempted murder.

Bailey was arrested last week in British Columbia where he lives. He was arrested on 65 charges, mainly weapons offences. In addition to next month's sentencing on the cocaine charges, Bailey is due in court in Nova Scotia later this month to answer to charges of failing to comply with conditions. 

Four men were originally charged in the drug conspiracy case. The trial lasted 35 days, spread over several months and ended in February of this year. Judge Elizabeth Buckle's written decision was released this week. She found there wasn't sufficient evidence to convict the other two men.

Pair used diving gear, boat in their plan

Evidence at their trial showed Lambert and Bailey were part of a conspiracy that tracked the Arica across the Atlantic from Europe and planned to recover the drugs while it was in the port of Montreal. They bought diving gear and rented an inflatable boat.

Bailey attempted a dive on the Arica while it was in Montreal but the weather was bad and the currents too strong. Montreal port authorities became suspicious and questioned the men. They also passed on their suspicions to authorities in Halifax who were waiting when the Arica docked.

According to evidence at the trial, the cocaine was concealed in a sea chest, an access point on the underside of the ship that was covered by a metal grate. Court heard that the sea chest was used to suck water into the ship to use in cooling the engines. When it was in operation, the suction was so powerful it could trap a diver in the compartment.

Dives made on ship in Halifax

Bailey made a couple of attempts to dive on the Arica, all under the watchful eyes of police and border service agents. He entered the water from Black Rock Beach in Point Pleasant Park. Witnesses said he carried a propulsion device to help him move through the water faster.

After Bailey's second dive he and Lambert loaded the dive gear into the back of a large black SUV and drove off. They were arrested a short distance away.

When authorities sent a commercial diver to inspect the underside of the Arica, they had the pumps shut down. The diver also found evidence that a couple of the bolts holding the grate in place over the sea chest had been loosened.

Part of the Crown's evidence was text conversations among the accused using the message platform WhatsApp. The conversations include discussions of the size wrenches they would need to access the sea chest.

The defence tried to argue that the diving was innocent, that Bailey was collecting algae as part of a study of ocean plastics. However, Buckle found the Crown's evidence to be more persuasive.