Pubdate: Thu, 04 Oct 2012
Source: Record, The (Kitchener, CN ON)
Copyright: 2012 The Record
Contact: http://drugsense.org/url/942MrkRX
Website:  http://news.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Brian Caldwell

INVESTIGATOR DEFENDS DRUG STING OF WATERLOO REGIONAL POLICE OFFICER

KITCHENER - The lead investigator in an elaborate sting defended its 
use Thursday to catch a police officer suspected of smoking marijuana.

Const. Andrew Robson has admitted he stole two ounces of the drug 
after it was turned over to him in the fall of 2010 by an undercover 
officer posing as a distraught mother who had found it in her home.

But the eight-year member of Waterloo Regional Police is trying to 
have the charges thrown out by arguing he was unfairly entrapped 
while struggling with addictions triggered by haunting events at work.

One of his lawyers, Richard Niman, suggested during a hearing in 
Kitchener court that it was "outlandish" to arrange a sting involving 
up to 15 officers from three police services to investigate marijuana use.

"We're not talking about a member of the public smoking marijuana 
behind the arena," replied Sgt. Robert Gibson, who headed up the 
probe. "If he did his duty, we would not be here today."

The investigation was sparked by a memorandum from one of Robson's 
immediate bosses to the officer who was second in command in Cambridge.

The memo outlined concerns about Robson, a front-line patrol officer, 
going back to 2007, including an apparent relationship with a 
bartender in Cambridge suspected of selling cocaine.

The strongest allegations, according to the memo, came from a fellow 
officer who had accused Robson and two colleagues of "smoking dope 
like fiends."

Gibson said he was called to a meeting with three senior officers and 
it was decided he would arrange an "integrity test."

The other two officers weren't targeted in the sting, although they 
were subjects of a separate investigation that resulted in both 
criminal and professional charges.

Niman questioned why Gibson didn't investigate by traditional means 
such as interviews or checks to see if there were problems in other 
cases where Robson took possession of drugs.

He also challenged the fairness of a sting to see if Robson would 
steal drugs on the job when he was only suspected of marijuana use 
outside work.

"You should have done more than just review this memorandum," Niman said.

"I disagree with you," Gibson answered.

Calling it "distasteful" to have to investigate a fellow officer, 
Gibson said the sting was the fastest, least disruptive way to find 
out if Robson was an upstanding officer or not.

"I think we owed it to the community to look at it as soon as 
possible," he said.

Gibson also testified that the scope of the sting, including use of a 
surveillance team, was justified by standard procedures and the fact 
an officer was the target.

"I used the minimal number of officers I could get away with for an 
operation like that," he said.

Robson, now 30, was arrested while driving home from work. The stolen 
marijuana, still in a police evidence bag, was found in his backpack.

He testified this week that he was traumatized by several incidents 
including a helicopter crash in which he had to comfort a trapped man 
who thought he was dying.

To cope with nightmares, flashbacks and extreme anxiety, Robson said, 
he started drinking heavily, then got addicted to marijuana as well.

He stressed superiors never asked how he was dealing with difficult 
calls, describing a macho police culture with no tolerance for signs 
of weakness.

Robson said he has since got extensive help for substance abuse and 
post-traumatic stress disorder, but still suffers intense symptoms 
despite being on medication.

He has been suspended with pay since his arrest almost two years ago.

At one point in the case, Robson was offered a conditional discharge 
- - meaning he wouldn't acquire a criminal record - if he pleaded 
guilty and resigned.

Defence lawyers contend police had no grounds to set up a theft sting 
when Robson was only suspected of marijuana use.

They also argue police exploited a known weakness, although Gibson 
said he had no idea Robson was addicted to drugs and alcohol.

The entrapment hearing is scheduled to resume with legal arguments 
before Justice Jeanine LeRoy in November.
- ---
MAP posted-by: Jay Bergstrom