Pubdate: Fri, 12 Dec 2003
Source: Calgary Sun, The (CN AB)
Copyright: 2003 The Calgary Sun
Contact:  http://www.fyicalgary.com/calsun.shtml
Details: http://www.mapinc.org/media/67
Author: Kevin Martin

COPS' SUIT MAY DETER COMPLAINTS

Litigation against a drug running suspect who filed a complaint against his 
arresting officers to the Alberta ombudsman could have a chilling effect, a 
Calgary lawyer said yesterday.

Stephen Jenuth said the defamation lawsuit filed by two Cochrane Mounties 
could deter others from making complaints to the government watchdog.

"It could be an unintended effect," said Jenuth, president of the Alberta 
Civil Liberties Association.

"Should people who complain to the ombudsman be afraid of getting sued?" he 
said.

"It might actually deter people from filing a complaint."

Constables Jennifer Bonzer and Will Wark have launched a $600,000 damages 
claim against accused drug courier Troy Gordon Letcher.

Letcher, of Nelson, B.C., was arrested on Feb. 28, 2001 after being stopped 
during a routine check along the Trans-Canada Hwy.

After officers detected the smell of marijuana, a search uncovered two 
joints and nearly $13,000 in cash.

Letcher filed a complaint with the ombudsman alleging the officers told him 
he could turn over the cash and go on his way, or get a receipt and his 
life would be torn apart.

In their lawsuit, Bonzer and Wark say the written statement -- which was 
also raised by Letcher in his defence -- is false and defames their 
reputations.

Letcher's complaint triggered an internal investigation against the 
officers, one which was dropped when he was convicted of possessing a 
narcotic and the proceeds of crime.

Those convictions were both overturned by the Court of Appeal last week 
which ruled Letcher did not receive a fair trial.

Jenuth said complaints to the ombudsman should be treated like those made 
to the police and should be privileged unless deliberate attempts to defame 
are made.
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MAP posted-by: Beth Wehrman