Pubdate: Fri, 12 Sep 2014
Source: Province, The (CN BC)
Copyright: 2014 Postmedia Network Inc.
Contact: http://www2.canada.com/theprovince/letters.html
Website: http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Susan Lazaruk
Page: A8

EX-TEACHER'S LAWYER EYES CHARTER CHALLENGES

Police actions questioned in arrest of former Surrey educator on
charges of drug trafficking

A lawyer for a former Surrey substitute teacher arrested on drug
trafficking charges near a Vancouver elementary school is hoping to
beat the charges on a number of constitutional challenges.

Eugenio Alfonso Bahamonde, who has pleaded not guilty to trafficking
and possession of drugs for the purposes of trafficking, was arrested
in his BMW X5 SUV with two baggies of marijuana, equalling 45.5 grams
in total, and $1,440 in various bills rolled up in a bundle.

He was observed by an undercover Richmond RCMP officer (who with other
plainclothes RCMP officers was on a stakeout in the area on an
unrelated case) allegedly engaging in a hand-to-hand drug transaction
at School Avenue and Kerr Street.

That's one block from Sir Guy Carleton elementary school, or as one
officer estimated, "about 200 metres" from the schoolyard.

Provincial court Judge Greg Rideout is presiding over a voir dire - a
trial within a trial - in Vancouver to determine the admissibility of
Crown evidence.

Richmond RCMP Cpl. Simon Lee testified Wednesday that Const. Paul Bal,
in plainclothes, saw Bahamonde allegedly traffic in marijuana, place
marijuana in a backpack in his vehicle and smoke a joint before
driving away.

Bahamonde was followed by police in unmarked vehicles to the Safeway
at Commercial Drive and Broadway just before 4 p.m. on Nov. 7, 2012.

When he got out of his vehicle, at least two and as many as four
officers with their guns drawn arrested him on suspicion of
trafficking in what officers called a "high-risk takedown" in the busy
parking lot.

Bahamonde was also issued a 24-hour roadside licence suspension and
his SUV impounded, based on the assumption he was impaired by
marijuana, court heard.

Defence lawyer Neil Cobb in cross examination of Lee and other
officers questioned whether his client's Charter rights were observed
during the arrest. Cobb pointed out officers' scant note-taking of
observations and procedures, and he asked if any officers had run his
licence plate through police databases or conducted a roadside
sobriety test; they hadn't done either.

Cobb also asked one arresting officer if he knew whether or not
Bahamonde had a Health Canada certificate for permission to smoke or
sell medical marijuana.

During cross examination of Const. Bart Cieslar, Cobb discovered the
officer had used his personal cellphone to take official police photos
of the accused and the arrest scene, photos that may have been left on
his unlocked phone in his home.

"There are a number of constitutional issues being raised here," said
Rideout.

Court also heard that a number of Bahamonde's texts on his cell phone
referred to meeting with various people at different locations and
mentioned dollar amounts and questions like, "Can I get another half?"

The trial will resume at an undetermined date, for more Crown evidence
and defence cross examination, Rideout's eventual ruling on
admissibility of evidence and possibly a Crown witness drug expert,
said prosecutor Dave Hartney.

Bahamonde was suspended by the Surrey school district after he was
charged.
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