Pubdate: Wed, 25 May 2016
Source: Ottawa Sun (CN ON)
Page: 3
Copyright: 2016 Canoe Limited Partnership
Contact: http://www.ottawasun.com/letter-to-editor
Website: http://www.ottawasun.com/
Details: http://www.mapinc.org/media/329
Author: Andrew Seymour

JUDGE RULES OTTAWA COPS VIOLATED RIGHTS

For the second time in less than two weeks, Ontario's top court has
overturned a drug conviction after concluding Ottawa police officers
seriously violated the rights of a suspect.

Eneida Pino was convicted of possession for the purpose of trafficking
after Ottawa police seized 50 pot plants from the trunk of her car
following a dramatic takedown in June 2010. The officers had been
following Pino, 43, after watching her leave a suspected grow-op house.

Pino and a man who was in the car with her described during the trial
how an "aggressive" officer blocked the path of their car, shouted and
pointed a gun at them. The officer denied that he had pulled his
handgun - a claim that Judge David Paciocco concluded was a lie.

The same officer then admitted he relied on his memory when reading
Pino her rights, but he couldn't recall exactly what he said. Paciocco
concluded he likely failed to advise Pino of her right to immediate,
free legal advice.

Pino then spent 5 1/2 hours alone in a cell without a call to a
lawyer.

Paciocco concluded that police violated her rights in multiple ways,
including carrying out the search in a dangerous, unnecessary and
unreasonable way and failing to give her prompt access to a lawyer,
but allowed the marijuana to remain in evidence since the breaches
weren't serious enough to justify gutting the prosecution's case
against her.

But in a decision released Tuesday, the court of appeal
disagreed.

Relying in part on a textbook co-authored by the judge himself, the
appeal judges found that the Charter breaches, taken as a whole, were
close to the "extreme end of seriousness" and the seized marijuana
shouldn't be used against Pino.

"Admission of the evidence in the light of the seriousness of the
breaches, and especially the officers' dishonest testimony, may send
the message that the justice system condones this kind of conduct,"
said the court of appeal. "This is one of those cases in which the
court's need to disassociate itself from the police's conduct is
greater than society's interest in prosecuting Ms. Pino for possessing
50 marijuana plants."

The court then quashed Pino's conviction and found her not
guilty.

It was the second time the appeal court has overturned a decision this
month after finding police violated an accused's rights. Philip
McGuffie had his conviction for cocaine trafficking wiped out after
the appeal court found there had been repeated breaches of his Charter
rights.

Both Pino and McGuffie were represented by Ottawa lawyer Howard
Krongold.

"Both of these cases involve police misconduct so serious that the
Court of Appeal felt that it had the potential to bring the
administration of justice into disrepute," said Krongold. 
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