Pubdate: Thu, 15 May 2014
Source: Toronto Star (CN ON)
Copyright: 2014 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Jane Gerster

CITY'S TOP LAWYERS RALLY AROUND COLLEAGUE

Fellow Attorneys Hope To Get Conviction For Smuggling Drugs Into Don
Jail Overturned

A Toronto lawyer sentenced Wednesday to two years in prison for
smuggling drugs into the Toronto (Don) Jail is appealing his
conviction with the help of two of the city's top lawyers.

Deryk Gravesande, 61, handed his lawyer his coat before being taken
into custody. "We love you Deryk," "Be strong Deryk," two women yelled
as he was led out of the Old City Hall courtroom.

Gravesande was charged in 2012 with trafficking drugs to a former
client, delivering 58 grams of marijuana in eight cellophane-wrapped
packages and a parcel of lidocaine, some rolled marijuana cigarettes
and a piece of cellophane with a lubricant on it.

Correctional officers strip-searched his client before and after their
January 2012 meeting, finding nothing before and a black sock
containing the drugs after.

Ontario Court Justice Wayne Rabley agreed the first search wasn't
properly done, that drugs can be obtained in prison and that
Gravesande's testimony was credible, but ultimately convicted him in
part based on the testimony of the officers.

"There is no question that this disposition will be crushing upon this
man.

He will probably be disbarred," Rabley told the court. "He has been
publicly shamed. His health has suffered. He will now be subjected to
the same environment that he sought so hard to prevent others from
experiencing."

And while he took that into account when delivering his sentence,
Rabley said, "lawyers in particular have a responsibility to ensure
that their conduct is seen by the public as exemplary."

The case has hit a nerve among criminal lawyers, who say there's an
"epidemic drug problem" in jails and worry about the implications of a
guilty verdict for those who visit with their clients in jail.

"It's obviously very dangerous for a lawyer to go into a jail," said
Jonathan Rosenthal, vice-president of the Criminal Lawyers'
Association.

"And in this case one of the guards actually admitted he didn't follow
the proper strip search procedure which of course puts the lawyer at
risk."

The fact that prominent lawyers Marie Henein and Scott Hutchison have
taken on the case pro bono is indicative of the moral outrage many
members of the criminal law community feel, Rosenthal said.

Henein is a top criminal lawyer known for representing former attorney
general Michael Bryant; Hutchison represented Telus before the Supreme
Court last year when it ruled police need wiretap authority before
accessing text messages during criminal investigations.

Neither returned requests for comment, but Frank Addario, Gravesande's
trial lawyer, said he expects the appeal will be heard sometime this
fall.  
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