Pubdate: Sat, 03 Feb 2001
Source: Winnipeg Free Press (CN MB)
Copyright: 2001 Winnipeg Free Press
Contact:  1355 Mountain Avenue, Winnipeg Manitoba R2X 3B6
Fax: (204) 697-7288
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Website: http://www.winnipegfreepress.com/
Author: Mike McIntyre

ILLEGAL SEARCH BY CITY POLICE KILLS DRUG CASE

Judge Chides Officers For Actions

A drug trial went up in smoke yesterday when a judge refused to consider 
any of the evidence after finding Winnipeg police violated the Charter of 
Rights and Freedoms to collect it.

Defence lawyer Tim Killeen accused two commercial crime officers of lying 
in court to cover up the sloppy job he claims they did in building a case 
against his client, David Wityk.

The 25-year-old University of Winnipeg student was arrested three years ago 
and charged with possession of marijuana, ecstasy and psilocybin (magic 
mushrooms).

Queen's Bench Justice Brenda Keyser did not comment on Killeen's 
allegations of perjury, but did find police had no legal right to search 
Wityk's apartment.

"This breach was both wilful and flagrant," said Keyser.

Wityk was originally arrested by police at a Winnipeg Money Mart store 
where he was trying to wire $3,500 to British Columbia. An employee found a 
counterfeit $20 bill, and Wityk was charged.

Police agreed to release him on a promise to appear in court, but claimed 
they escorted Wityk home to confirm the address he had given them.

During the drug trial, the officers say Wityk invited them into his 
apartment, where they found drugs in open view.

They arrested him again, searched the apartment and found more narcotics.

Wityk denied ever inviting police inside, and his lawyer argued yesterday 
police were simply on an illegal fishing expedition to determine the source 
of Wityk's money.

Killeen said police of invented a story to cover their mistake and believes 
they re-created notes from the incident.

Crown attorney Dave Mann conceded the search was improper but still sought 
to have the drug evidence allowed.

But Keyser refused, saying that allowing the case to fall apart is not 
nearly as serious as the message that would be sent to police if she 
allowed the evidence to stand.
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