Pubdate: Tue, 30 Aug 2005
Source: Telegram, The (CN NF)
Copyright: 2005 The Telegram
Contact:  http://www.thetelegram.com/
Details: http://www.mapinc.org/media/303
Author: Brian Callahan

INQUIRY PROBES DEVASTATING RAID

Gun-toting cops looking for drugs mistakenly raided an elderly couple's home
even though their tip was initially vague and inaccurate, a complaints
hearing was told Monday.

The tip was so iffy that a judge wouldn't grant a warrant to search 78
Carter's Hill, home of Audrey, 66, and Allan Martin, 68, on Aug. 21, 2001 in
St. John's.

But Const. Joe Boland went back to the unidentified informant, who had more
details the second time around about marijuana growing at numbers 78 and 81
Carter's Hill; this time, enough for the warrant.

At about 3:30 p.m., a four-man drug team barged into No. 78, confining the
couple in separate rooms while the search took place.

Allan Martin wasn't allowed to move from his chair in the kitchen, even
though he feared for his wife who had a history of heart attack and stroke,
which he told police.

Audrey Martin was later taken to hospital where it was determined she had
suffered a heart attack during the ordeal.

Across the street, another drug team found No. 81 vacant, except for one
very frightened cat and several of her kittens.

An officer stayed with the animals until the SPCA arrived.

The informant, it turns out, was lying. There was no sign of drug activity.

Several days later, the RNC publicly apologized, blaming the informant for
being wrong about the address.

The Martins launched a formal complaint with the RNC, which was essentially
dismissed by Chief Richard Deering.

"From time to time, mistakes happen. ... We all have the capacity to make
them, and we all possess the capacity to forgive," Deering said at the time.

But the Martins appealed to the RNC Public Complaints Commission, which
ruled while the police actions in the home were OK, Const. Don Maloney's
conduct in getting the warrant and checking out the informant, was
"deficient."

That ruling was upheld by a Supreme Court judge, prompting the Martins to
launch a separate action against Maloney before the commission.

At that hearing Monday, Boland admitted the RNC had never dealt with "the
source" -- who had a history of property crimes -- but said he had provided
information about another crime that appeared accurate.

"There was a break-in =85 and he knew what was taken and where it happened,"
Boland said.

"He also said he was an informant (for the RCMP). He was naming names of
other known criminals around town =85 and seemed somewhat involved with the
criminal element.

"He certainly fit the bill for someone who would be in the know."

Not his job

Boland, who passed on the informant's report to Maloney, said it wasn't his
job to check it out with the RCMP. He said he didn't know if Maloney, acting
head of the street drug team at the time, had done so.

Maloney was filling in for Sgt. Paul Hierlihy at the time of the raid.

The Mountie named by the informant, meanwhile, was on leave.

The informant first came to RNC headquarters on Aug. 20 with details about a
gas bar break-in. Police never checked out his tip because they felt it was
too stale to get a warrant.

But the same man called the next morning -- the 21st -- to say he knew of
related "grow-ops" on Carter's Hill.

His details about No. 81 seemed credible, but there was "some confusion"
about the other address, Boland said.

For example, the informant said they should raid the house "with a blue
front door, across the street from No. 81." He never gave an address.

He also said there would be a van parked in front that belonged to the
elderly owner of the home. "The source" said the man had stopped him on the
street the night before, asking for advice on his pot-growing operation.

Shortly after he gave the tip the next morning, two officers did a
"drive-by" of the house but there was no blue door.

They assumed the house in question was No. 78 after checking the licence
plate of the van, which was registered to Martin -- an elderly man.

"I called the source and asked him to do a walk-by. We wanted to make sure
we had the right house," Boland said.

"He came back and said it was definitely No. 78 (after the walk-by)."

He admitted there was no mention of the discrepancy involving the colour of
the door at that point.

Earlier, Hierlihy suggested several times that the lack of officers on the
street drug team is a major problem that can affect the integrity of
investigations, particularly when it comes to surveillance.

"There's only four of us from Pouch Cove to Seal Cove," he stated. "They
know who you are. You can't stop on the street. Maybe out in the woods you
can do it, but not in the centre of town."

Jack Lavers, representing the Martins at the hearing, wondered how Audrey
Martin's brother -- a veteran RNC officer -- could visit their house on a
regular basis and not notice if there was a marijuana grow-op downstairs.

Hearing adjudicator Ian Kelly also questioned why the information on the
break-in wasn't verified or the RCMP officer wasn't contacted about the
informant.

The hearing is scheduled to continue today.
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