Pubdate: Fri, 09 Nov 2012
Source: Guelph Mercury (CN ON)
Copyright: 2012 Guelph Mercury Newspapers Limited
Contact:  http://news.guelphmercury.com/
Details: http://www.mapinc.org/media/1418
Author: Vik Kirsch
Page: A3

DRUG CASES TAINTED BY GUELPH OFFICER'S CONVICTION, DEFENCE LAWYERS
SAY

GUELPH - Defence lawyers in Guelph drug cases have a new card to play
if prosecutors are relying on the work of a disgraced constable.

Proof that investigations touched by narcotics officer Chris Panylo
are tainted came earlier this week when charges were dismissed against
three people charged after a 2010 raid at the Medical Marijuana Centre
of Guelph.

"His credibility is not intact," defense lawyer Leora Shemesh said
Thursday, adding she couldn't imagine prosecutors putting Panylo on
the witness stand in future trials involving people charged with drug
offences.

Panylo, a drug enforcement officer struggling with his own substance
abuse issues, pleaded guilty in May to stealing methadone seized in
another police probe. He was sentenced last month to probation for two
years, 100 hours of community service and fined $1,000.

He's currently under a disciplinary Police Services Act investigation
resulting from the guilty plea.

Shemesh is the lawyer who defended the medical marijuana centre's
corporation and founder. She said she took great interest in Panylo's
drug conviction and raised this at a judicial pretrial hearing,
emphasizing how embarrassing it would be for the officer, whose
affidavit formed the basis of the original search warrant, to be
called to the witness box.

What followed, Shemesh said, was Tuesday's resolution with the
Crown.

Local criminal lawyer Matt Stanley said Panylo's involvement in court
cases would be something attorneys would look into in defending their
clients.

"It would certainly be something that would be taken into
consideration," Stanley said.

Fellow criminal lawyer Leigh Fishleigh said Panylo's situation had
implications.

"I think it would affect any cases he's involved in."

Prosecutors did not immediately return phone inquiries for comment
Thursday but Tuesday outside court federal prosecutor David Doney said
Panylo's "difficulties were a relevant consideration" in the marijuana
club charges being dismissed against individuals.

"Obviously, it does create potentially some impact," Guelph Police
Service Chief Bryan Larkin said Thursday in a telephone interview,
adding police have notified provincial and federal Crowns of Tuesday's
Medical Marijuana Centre of Guelph court decision.

Also asked if Panylo has compromised other police investigations and
Crown cases, or might in future, Larkin said he couldn't speculate at
this point with the Police Services Act probe under way. Police are to
conclude that probe within 120 days of Panylo's conviction in early
October.

"We have to do our due diligence," he said.

Ultimately, Larkin said, any decisions on whether to proceed with
court cases are up to Crown prosecutors.

On Tuesday, Justice Bruce Durno dismissed more than a dozen
trafficking-related charges against the "compassion club" founder and
director, as well as two employees that stemmed from execution of a
search warrant in several Guelph locations in 2010, in which more than
$150,000 in pot was seized.

The club itself was fined $10,000 Tuesday when the corporation,
through founder Rade Kovacevic, pleaded guilty to a single count of
possession of more than three kilograms for the purpose of
trafficking.
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MAP posted-by: Matt