Pubdate: Thu, 09 Jan 2014
Source: Metro (London, CN ON)
Section: Front Page
Copyright: 2014 Free Daily News Group Inc.
Contact:  http://metronews.ca/London/
Details: http://www.mapinc.org/media/5477
Author: Scott Taylor

ILLEGAL SEARCHES IMPEDE WEED GROW-OP CASE

Court. London Cops Deliberately Disregarded Charter Rights: Judge

There's been a setback for the prosecution in a marijuana
grow-operation case tied to a London real-estate agent.

A federal judge has disallowed much of the evidence gathered by London
police in the investigation that led to the arrest of Thu Tran and six
others in June 2012.

Tran is accused of knowingly selling homes that would be turned into
grow-ops.

Superior Court Justice A.J. Goodman has ruled two sections of the
Canadian Charter of Rights and Freedoms were breached during "illegal"
searches of homes on London's Oakville Avenue and Highview Crescent in
2010.

Lawyers for defendants Tam Van Bui, Toan Nguyen and Thoa Thi Pham
argued that Ontario Court Justice Gregory Pockele erred in allowing
evidence from search warrants executed at the addresses.

Goodman agreed, citing charter breaches.

He said when London police officers were turned down in their initial
request for a search warrant, they simply rewrote the application and
took it to another judge the same day.

The error was so egregious, Goodman added, that allowing the evidence
from those searches would "bring the administration of justice into
disrepute."

He added it was "unfortunate that the police conduct in this case
demonstrated a deliberate disregard of charter rights."

The Ontario Court of Appeal has already criticized Pockele in the case
for stereotyping an ethnic group involved with marijuana production.

The suppression of the evidence, according to Goodman's ruling, may
scuttle the Crown's case against Nguyen, though Bui and Pham may still
face prosecution based on evidence obtained from a third residence
searched on Sunnyside Drive.

None of the allegations have been proven in court.

Sutton Realty broker of record Gerry Weir went to police in 2010 after
noticing that three of four homes added to the London police grow-op
registry had been sold by Tran.  
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