Pubdate: Wed, 10 Sep 2003 Source: Globe and Mail (Canada) Copyright: 2003, The Globe and Mail Company Contact: http://www.globeandmail.ca/ Details: http://www.mapinc.org/media/168 Page: A5 Author: Jill Mahoney ALBERTA JUDGE QUASHES CHARGES IN MEGA-TRIAL EDMONTON -- The collapse of a high-profile drug-trafficking case is a damning blow to the trend of mega-trials involving several defendants, lawyers and observers said yesterday. An Edmonton judge threw out charges against 11 people accused of conspiring to sell cocaine, saying the lengthy delay in trying the case -- chiefly because federal prosecutors and the RCMP were slow in disclosing evidence to the defence -- violated their Charter rights. "The right to a fair trial encompasses the right to a reasonably speedy trial. In this case, that right has been compromised, largely by Crown action," Madam Justice Doreen Sulyma of the Court of Queen's Bench wrote in a decision released Monday. The complex case, which began four years ago and had not yet progressed to the point of calling a jury, cost taxpayers dearly: The federal government spent an estimated $20-million in fees for defence lawyers and the Alberta government paid $2-million to build a high-security courtroom. In September of 1999, police arrested and charged 36 people across Alberta with membership in organized crime and conspiracy to traffick cocaine. Most spent six months to a year in jail before they were released on bail. After a year and a half of legal wrangling, the defendants were split into two groups. Over time, several people either pleaded guilty or the charges against them were stayed, eventually leaving a group of eight defendants and another of 11, whose charges of gang membership were stayed by the Crown in 2001, while the conspiracy charges remained. The prosecution of the group of eight, who are accused of being members of an Asian gang, continues; however, their lawyers have asked that the case be dismissed because of similar delays. "I've said from the beginning that too many people were charged with too many charges, and put all together it becomes unwieldy," said lawyer Hersh Wolch, who represented one of the accused in the case that was thrown out this week. The matter has once again shown that so-called mega-trials -- wherein several people are tried together -- are inherently problematic, observers say. "I think the whole idea of the mega-trial is quickly going the way of the dinosaur," said Sanjeev Anand, a law professor at the University of Alberta. "It's just too difficult to manage . . . and the prospect of the whole thing collapsing under its own weight is simply too real of a possibility." Similar cases have run into difficulties in Quebec and in Manitoba, where prosecutors accepted plea bargains in a case involving suspected members of the Manitoba Warriors gang. "There are lessons that have been learned over and over by the state. I think that there need to be changes," said Larry Fleming, a lawyer who was involved in the Edmonton case. Prof. Anand said the culprit is not the federal government's antigang legislation, but the way the Crown pursued the case. Rather than prosecute several people at once, he said, it would have been more effective to try three or four people at a time and then use convictions to get some of the lower-level criminals to provide evidence in exchange for lighter sentences. "In the short term, unfortunately, what the collapse of this trial will mean to organized crime is that it's going to be very difficult to get people to turn over because the minute that you say, 'Well, we're going to charge you under the organized-crime legislation,' individuals will say, 'Well, fine. Go ahead. We're going to beat this rap,' " Prof. Anand said. - --- MAP posted-by: Keith Brilhart