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. - --- MAP posted-by: Beth Wehrman