A 42-year-old man who ran a Windsor marijuana grow operation with more than 1,200 plants to help pay for a gambling addiction was sentenced Monday to nine months in jail.

Just before sentencing, Van Xinh Do apologized to Superior Court Justice Steve Rogin for his actions, blaming his misdeeds on unrestrained betting.

"I am very sorry," Do said through a Vietnamese interpreter. "Because of my gambling problem, that is why I made that mistake."

Rogin acknowledged the grip of gambling, and noted Do has already paid Enwin utilities $29,000 in estimated stolen hydro, but said a period of incarceration was necessary for the crime.

"This was obviously a sophisticated grow-op," Rogin said.

On top of the nine months, Rogin ordered the forfeiture of $24,000 in cash found at the grow operation in Do's house at 8477 Darlington Ct. He also ordered 18 months probation, a 10-year ban on possessing weapons and told Do to complete a gambling rehabilitation program.

ASKED FOR JAIL TIME

Federal prosecutor Nicole Lanthier asked for jail time but did not specify an amount.

Defence lawyer Dan Scott felt a conditional sentence would have been more appropriate, given he said his client was merely the farmer, not the profiteer. He said Do only made $1,000 a month for cultivating the plants, after being enlisted for the job by a stranger at Casino Windsor.

"The gambling was significant because he was recruited at the casino and they look for people between a rock and a hard place," Scott said. "At that point he's thinking, 'At least I can save my house.'"

Scott noted his client may yet lose his home, since the Department of Justice has launched a civil proceeding seeking to seize the building.

"The lesson in this is that the profits for somebody are significant," Scott said. "But for the pawn in this, the profits are non-existent."

Police seized grow-op equipment and the plants, with an estimated street value of $1 million-plus, at Do's Darlington home and at another residence on Aug. 13 and Aug. 14, 2004. Charges against the owner of the second residence were subsequently dropped.

LURED TO GROW POT

Scott sparked a few chuckles in court when he noted that the lure to grow marijuana for local people with financial trouble is great, given the demand for Canadian pot.

"The marijuana produced in Canada is the preferred marijuana in the world, especially in the United States," Scott said.

"It's the best in the world. I guess that's something Canada should be proud of."