Pubdate: Thu, 16 Aug 2007 Source: Victoria Times-Colonist (CN BC) Copyright: 2007 Times Colonist Contact: http://www.canada.com/victoriatimescolonist/ Details: http://www.mapinc.org/media/481 Author: Louise Dickson, Times Colonist Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada) Bookmark: http://www.mapinc.org/coke.htm (Cocaine) Bookmark: http://www.mapinc.org/find?241 (Methamphetamine - Canada) CORONER'S JURY: KEEP AN EYE ON SUSPECTS Recommendations follow the death of suspect who likely ingested drugs while in police custody Louise Dickson A coroner's jury is recommending Saanich police review their procedures for dealing with people in custody when they suspect the person is concealing drugs. Specifically, the four-person jury at the inquest into the death of 22-year-old Michael Kurash recommends suspects be observed at all times when placed in an interview room. It also recommends the arresting officer consult a senior officer on what to do -- such as a strip search -- before leaving the suspect alone in a room to place a call to a lawyer. Kurash died at his father's home on Oct. 17, 2006, about three hours after swallowing 4.4 grams of cocaine at the Saanich police station. The young man was pulled over in a seat-belt check at Tillicum Mall and arrested by Saanich police for possession of a small amount of marijuana. At the police station, Kurash was left alone in an interview room to call his lawyer. After the call, Const. Mathew Jones told Kurash they were going to strip search him. Kurash then asked to make another call. During the search, two empty plastic baggies fell to the floor. Kurash denied having drugs, but police didn't believe him. They released Kurash with a warning that if he had done "something stupid like swallowing drugs" he should go to a hospital right away. On Tuesday, Cpl. Brian Kerr, former head of the West Shore RCMP street crime unit, told jurors Kurash probably panicked and ingested the lethal dose of cocaine because he was afraid of going to jail. On Sept. 8, 2006, Kerr found 96.1 grams of cocaine with a street value of about $8,000, 92 pills of crystal meth and $325 in American money and $8,800 Canadian in a safe in Michael's room at his father's home. Kurash was to appear in court in November 2006, charged with possession of a controlled substance for the purpose of trafficking. Although Kerr was not critical of the Saanich officers involved in the arrest, he said he would have searched Kurash before allowing him to call his lawyer or kept him in sight while he made the call. Insp. Sherry Dwyer said Saanich's senior officers will review the jury's recommendations. "On the surface, they certainly appear reasonable and well-considered," said Dwyer, who sat through the three-day inquest. Saanich police are in the process of installing video cameras in their interview rooms, she said. During the inquest, defence lawyer Christopher Massey would not confirm he was Kurash's lawyer, citing the principles of lawyer-client privilege. The jury is now calling on the Law Society of B.C. to review their policy and bylaws or provide direction to permit lawyers to reveal pertinent information to an inquest when the client is deceased. Defence lawyer Robert Mulligan, who spoke on behalf of Massey at the inquest, said the recommendation would be given careful attention and consideration by the Law Society. "But the fundamental principles and values that give rise to confidentiality requirements can transcend the perceived need to know in a particular case," said Mulligan. "It can sometimes be a vexing problem. "The idea here is, we want clients to be able to consult their lawyers in confidence without fear that somebody is going to be able to get to that information later. It's bigger than the individual case. It might be necessary to deal with it on a case-by-case basis." - --- MAP posted-by: Richard Lake