Pubdate: Tue, 05 May 2015
Source: Toronto Star (CN ON)
Copyright: 2015 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Marco Chown Oved
Page: GT3

CROWN ABANDONS CASE WHERE PEEL COP MISLED JP

Charges have been dropped against the Markham marijuana grow operator 
whose house was raided after a Peel police officer used misleading 
information to obtain a search warrant and lied about his investigation.

Last month, Superior Court Judge Gordon Lemon ruled that Peel police 
Const. Aamer Merchant "misled" a justice of the peace to obtain the 
warrant, then "lied" about his investigation on the stand. On Monday, 
the federal Crown dropped charges of producing and possessing 
cannabis for the purpose of trafficking because there was no 
reasonable prospect of conviction without the evidence collected.

It's unclear whether Merchant will face any discipline for his actions.

"In the great number of cases that the Star has brought to light in 
the last few years, I don't know personally of any consequences to 
any of the police officers," said Ehsan Ghebrai, a defence lawyer who 
acted in the case.

"There needs to be some transparency in how police officers are held 
to account - especially those who are found on a balance of 
probabilities to have lied or essentially perjured themselves in court."

After being contacted by the Star, Peel Region Police launched an 
internal investigation into Merchant's conduct on the stand - a 
process that continues.
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MAP posted-by: Jay Bergstrom