STONY MOUNTAIN INSTITUTION -- Manitoba's highest security prison is fighting a major drug problem which has resulted in a record amount of seizures and growing concerns about the types of narcotics being smuggled. Stony officials have already found more than $84,000 in drugs since January, smashing the previous yearly high in just five months. More drugs were seized in May alone than in the previous years of 1997-2001. Although marijuana remains the drug of choice, prison staff have started seeing harder drugs like cocaine become more common. [continues 924 words]
THE Supreme Court of Canada ruled yesterday it will hear arguments in a controversial Manitoba case involving police "pat-down" searches. Last year, the Manitoba Court of Appeal overturned the acquittal of a city man found with a quantity of marijuana in a pouch pocket and a new trial was ordered. A provincial court judge had previously dismissed the case against the suspected drug dealer, saying the police search that uncovered the drugs was illegal. But the Appeal Court disagreed, saying police have the right to pat down potential suspects and submit what they may find as evidence as long as searches are being done for safety reasons. [continues 174 words]
A Winnipeg high school student was given a passing grade yesterday for his second effort at a controversial court-ordered essay into the evils of drugs. But the 18-year-old's first paper -- which he turned into a how-to guide filled with advice for young users -- means he will not be allowed on a speaking tour of local schools. Provincial court Judge Cathy Everett said the teen is hardly an ambassador for the anti-drug crusade and should not be given a forum to spread his opinion. Instead, she substituted 32 hours of community service work in place of the eight school sessions he was required to do. [continues 366 words]
Seeks cash after RCMP destroyed equipment Western Canada's self-proclaimed greatest marijuana producer is demanding the federal government cut him a cheque after RCMP destroyed equipment allegedly used in his drug operation. Ronald Hickey, 48, claims the Mounties had no legal authority to dispose of weigh scales, videotapes, magazines and pictures seized from his Winnipeg home and health food store several years ago. Hickey -- who made national headlines earlier this year after being accused of smuggling lobster into prison -- argued his motion in court yesterday. [continues 335 words]
Order to speak in schools angers mom A Winnipeg woman is furious with the justice system for giving her teenage son a failing grade on an essay about drug use that a judge ordered him to write, saying the case is an example of political correctness gone mad. The woman, who can't be identified because her son is a convicted young offender, is also angry that he may be forced to become a "poster child" for drug awareness through a court-ordered public-speaking campaign. [continues 836 words]
A Winnipeg high school student ordered by a judge to write an essay on the evils of drugs -- then go on a public speaking tour -- has stunned justice officials by turning it into a "how-to" guide filled with advice for young users. The 18-year-old, who was arrested last winter during a highly publicized undercover drug sweep at Kelvin High School, submitted his assignment in court this week. His 24-page essay includes steps on how to prevent medical problems while taking ecstasy, tips for teens about limiting their drug intake for the best results, and even a plan about how to use drugs safely. [continues 1258 words]
Manitoba's highest court has overturned a jail sentence given to a man who claims he sold cocaine to help put his four children through college. Instead, Lamphone Kosanouvong will be able to spend more quality family time at home while serving his 18-month conditional sentence. The Manitoba Court of Appeal ruled a jail term was excessive punishment which focused too heavily on sending a message to society. Kosanouvong, 41, was arrested last year after selling a rock of crack cocaine to an undercover Winnipeg police officer for $40. [continues 162 words]
Evidence Excluded, Drug Case Tossed A high-stakes drug case has been thrown out of court after the trial judge faulted RCMP for the tactics used to obtain a search warrant. Queen's Bench Justice Perry Schulman took aim at one particular Mountie, accusing him of being "willfully blind, if not deliberate, willful and flagrant" when he presented evidence to a magistrate. Following a trial, Schulman ruled the search warrant was illegal and acquitted Wendell Duncan of several drug charges. His written decision was released yesterday. [continues 397 words]
Winnipeg police have been given the thumbs up for a controversial pat-down which netted them a suspected drug dealer. The Manitoba Court of Appeal this week overturned the acquittal of a city man found with a quantity of marijuana in a pouch pocket. A new trial has been ordered. A lower court judge had previously dismissed the case against the man, saying the police search that uncovered the drugs was illegal. But the Appeal Court disagreed, saying police have the right to pat down potential suspects and submit what they may find as evidence as long as searches are being done for safety reasons. [continues 316 words]
Officers Can Use Search Warrants At Any Hour: Judge Winnipeg police can continue making overnight house calls on suspected drug dealers after a judge yesterday dismissed allegations they are "trespassing" by using illegal search warrants. Queen's Bench Justice Perry Schulman said there are no legal grounds to force police to execute a warrant during daytime hours only, as a defence lawyer had argued on behalf of his client. "As long as there is evidence on which a determination can be made, the warrant will comply...whether it authorizes execution during the daytime, the nighttime or any time," said Schulman. [continues 312 words]
Police Need To Execute Warrants 'At Any Time' The Crown yesterday defended the merits of police search warrants which let them give early wake-up calls to suspected drug dealers, but are currently the subject of a constitutional challenge. "This is an argument that has no merit. In the realm of drug offences, we're in a very different world," said federal Crown attorney Anne Krahn. "When you're involved in cocaine trafficking, there's every reason to believe it's not a 9-to-5 job." [continues 356 words]
Court Decision Could Impact Future Cases The practices of Winnipeg police officers are under a microscope this week in a drug case in which they are accused of "trespassing" on city homes using illegal search warrants. Queen's Bench Justice Perry Schulman is expected to deliver a decision as early as today which could have far-reaching implications on current and future drug cases in Manitoba courts. Defence lawyer Sheldon Pinx argued yesterday the case against his client, Wendell Duncan, should be thrown out of court based on an unlawful search by police -- despite the fact police seized cocaine and large quantities of cash. [continues 589 words]
Drug Dealer's Arrest Shocks Police in Vice Squad Winnipeg police nearly blew the lid off their own undercover investigation when general patrol officers -- unaware a larger sting operation was under way -- moved in to arrest a drug dealer. Crown attorney Chris Mainella said yesterday the arrest last winter of James Prince shocked vice officers who had been working to shut down a cocaine storefront operation connected to the Hells Angels. Police involved in the covert operation had observed Prince, 26, and others making drug sales, but allowed it to continue while they built a case using an undercover officer posing as a black-market cigarette smuggler. But they were nearly exposed when the uniformed officers, acting on a tip from their own informant, arrested Prince. [continues 305 words]
Defendant's Attorney Says Police Dragged Feet On Raid Winnipeg police came under fire yesterday for allowing a massive drug operation to remain open for business for five months -- serving up more human misery -- while they conducted an undercover investigation. Defence lawyer Jay Prober said police should have moved in after an undercover officer made his first few cocaine purchases last October at Old Joe's Sports Lounge and Deli. Instead, the officer continued to gain the trust of drug dealers and made a total of 39 buys before police shut down the Main Street business in March during a highly publicized raid. [continues 394 words]
In a Canadian legal first, the federal government yesterday seized ownership of a Winnipeg pool hall that was used as a front for an elaborate cocaine operation shut down by city police earlier this year. Dawn Marie Deane, 49, forfeited her $70,000 interest in Old Joe's Sports Lounge and Deli at 1410 Main St. under new proceeds of crime legislation that carries a stiff financial penalty for convicted criminals. Deane, who is the sister of local Hells Angels member Bernie Dubois, was also sentenced to four years in prison after pleading guilty to being the mastermind behind the drug ring. [continues 564 words]
Dealer, 17, To Write Essay, Speak On Perils Of Ecstasy A Winnipeg judge took a teen drug pusher to school yesterday, imposing a unique sentence that requires the boy to write an essay on the evils of drugs and hit the public speaking circuit. The 17-year-old, who was arrested last winter during an undercover drug sweep at Kelvin High School, pleaded guilty to peddling ecstasy and was placed on two years' probation with several conditions. Provincial court Judge Cathy Everett suggested his old stomping grounds -- the school he remains suspended from -- might be a wise first choice for his court-ordered public speaking campaign. [continues 415 words]
A Winnipeg man pleaded guilty yesterday to running a dangerous drug laboratory -- the first of its kind ever discovered in Manitoba -- that produced designer drugs intended for young consumers. Robert Kutcher, 29, was sentenced to four years in prison in a precedent-setting case the Crown hopes will send a strong message to budding drug chemists. "To would-be meth cooks... the next place you may be cooking is in the bread kitchen in Stony Mountain," said prosecutor Marley Dash. Kutcher was arrested in the summer of 2000 after police stumbled across the "crystal meth" laboratory while acting on a tip that there was a marijuana grow operation inside a Boyd Avenue residence. Police found thousands of dollars worth of drug-making equipment and dangerous chemicals in an elaborate set-up, which included a homemade exhaust system that piped dangerous fumes into the backyard. [continues 263 words]
Pot Caretaker's Job Reaches A New Low Patrick Richardson sunk to unbelievable depths just to eke out a living. In what could be described as one of the world's worst jobs, Richardson lived three metres beneath the earth in a buried railway car as the so-called caretaker for one of the most elaborate marijuana grow operations ever discovered in Manitoba. Details of his bizarre occupation were revealed publicly for the first time yesterday as he pleaded guilty to drug charges in Winnipeg provincial court and was sentenced to 30 months in prison. [continues 548 words]
The youngest student to get snagged in a drug trafficking web at Kelvin High School says he was stunned to learn the cute new girl in school was an undercover Winnipeg police officer. "David," 14, pleaded guilty in provincial court yesterday to two counts of trafficking marijuana to the undercover agent, who helped police arrest seven students last November and expose the drug problems at one of the city's largest high schools. He is the second student arrested during the operation to be sentenced. The 17-year-old so-called ringleader was given one year in jail after pleading guilty in December. A third student has pleaded guilty but awaits sentencing, while the other four remain before the courts. [continues 814 words]
THE largest cocaine bust in Manitoba's history has gone up in smoke amid allegations that RCMP illegally stopped a car driven by a Vancouver man because of his ethnic background. Kin Wong, 34, was freed from custody Wednesday after the Crown stayed drug charges in a Brandon courtroom. The charge carried a potential prison term of seven to 10 years. The Crown gave no reason for the surprise abandonment of the case, which comes only weeks after Wong's arrest on the Trans-Canada Highway near Virden. [continues 576 words]
A provincial court judge showed great restraint yesterday when a self-professed minister of God tried to have him arrested in court. Edward Jay Robin Belanger said he was the highest power in the courtroom and ordered Judge Ray Wyant to throw out a series of drug charges against a fellow minister, Richard Friesen. The men claim marijuana is a gift from God and is not illegal. When Wyant refused to dismiss the case prior to hearing evidence at a trial, Belanger ordered sheriff's officers to take him into custody. [continues 419 words]
Just In Time For City's Massive Street Festival WINNIPEG police believe more than hot dogs and cotton candy could be sold at this weekend's downtown street party, but hope they've curbed the potential for illegal activity with the arrests of six alleged drug vendors. Nearly half a million dollars worth of cocaine and marijuana was seized in four separate incidents Thursday which police touted as a "pre-weekend cleanup". In the largest cocaine bust in recent memory, police recovered nearly a kilogram of the drug from a Whellams Lane apartment. Police say the cocaine could have been broken down into 1,400 separate street level sales and is valued at $56,000. [continues 289 words]
MATTHEW Trepel closed his eyes, leaned back and breathed a sigh of relief. The 20-year-old Winnipegger learned yesterday morning he will not go to jail for selling ecstasy at a Transcona rave last year attended by more than 1,000 young patrons. Queen's Bench Justice Barbara Hamilton rejected the Crown's bid for a prison sentence of up to four years, saying Trepel, a first-time offender, is clearly on the road to repairing his life and poses no danger to the community. [continues 260 words]
Group Of Eight Gets Different Fate Than Peers THE final group of Manitoba Warriors -- who ended a lengthy legal saga by pleading guilty to drug charges last summer -- has been denied the right to early parole that was granted to other convicted gang members, a defence lawyer said yesterday. Stan Nozick told the Manitoba Court of Appeal that his client, gang vice-president Isadore Vermette, and seven others are not eligible for accelerated parole because Queen's Bench Justice Nathan Nurgitz, at the Crown's request, made a finding that they were members of a criminal organization. [continues 333 words]
Judge Chides Officers For Actions A drug trial went up in smoke yesterday when a judge refused to consider any of the evidence after finding Winnipeg police violated the Charter of Rights and Freedoms to collect it. Defence lawyer Tim Killeen accused two commercial crime officers of lying in court to cover up the sloppy job he claims they did in building a case against his client, David Wityk. The 25-year-old University of Winnipeg student was arrested three years ago and charged with possession of marijuana, ecstasy and psilocybin (magic mushrooms). [continues 229 words]
Warriors Case Hits High Court THE prosecution of the Manitoba Warriors street gang was put on trial yesterday as the province's highest court was asked to weigh in on the controversial case. Four of the final 12 street gang members who ended the $10-million legal saga last summer by pleading guilty to drug charges were before the Manitoba Court of Appeal asking for reduced sentences. From the outset, it was clear the appeal was going to focus on more than just the length of prison terms. [continues 363 words]
LA PAZ, Bolivia--William Aponte, my tour guide, was waiting. He has plenty of time these days. Ten years, to be exact. That's how long a judge gave him for drug trafficking. He's serving his sentence at San Pedro Prison, across from the Plaza Sucre in downtown La Paz. San Pedro's convicts pay their own expenses. Aponte leads tours to get by. Anyone with 51 bolivianos (about $8) and a twisted sense of adventure can see his home. [continues 717 words]
Man Argues 7-Year Term More Suitable To Killers, Rapists A drug case which often resembled a circus rolled back into court yesterday as a convicted marijuana grower appealed his seven-year prison sentence. Ronald Hickey, 46, acted as his own lawyer as he pleaded with the Manitoba Court of Appeal to reduce his penalty on the grounds it was too severe. The Winnipeg grandfather, who once bragged about being the best pot grower in Western Canada, believes he was unfairly punished by Queen's Bench Justice Albert Clearwater because of his unusual antics during his jury trial. [continues 384 words]
Police Officiers Gave Contradictory Testimony A drug case was thrown out of court yesterday after a judge found Winnipeg police gave false evidence and violated the rights of the accused. Court of Queen's Bench Justice Wilfred Degraves ruled the majority of the evidence against Leo Sadiua was inadmissible. DeGraves called into question testimony from one vice officer, saying he was "wrong and not credible" and contradicted evidence of fellow officers. "When this happens to civilians, they get called liars in court. The police are supposed to be professionals," defence lawyer Neil Kravetsky said after the decision. "They are not immune to, shall we say, colouring their evidence to get a conviction." [continues 355 words]
Drug Kingpin Watches Kingdom Vanish HE'S lost his house, his boat and his Jeep. This morning, Jose Neves finds out for how long he will lose his freedom. The convicted drug kingpin, already stripped of personal assets under proceeds of crime legislation, will learn his fate when Queen's Bench Justice Barbara Hamilton hands down her sentence. At a day-long hearing yesterday, the Crown asked for a term of 10 to 12 years. Defence lawyer Jeff Gindin, citing his client's lack of a prior record and strong ties to his family and Winnipeg's Portuguese community, asked for five years. [continues 487 words]
CANADA'S marijuana laws may be in limbo, but legal experts say Manitoba pot smokers shouldn't view that as their ticket to freedom. Ontario's highest court ruled Monday that the law prohibiting possession of marijuana was unconstitutional and gave federal justice officials one year to amend it. If that isn't done, the law in Ontario would be struck down and other provinces would likely follow out of precedence. "This may buy people a lot of time. But it won't buy them an acquittal," defence lawyer Jay Prober said yesterday. [continues 225 words]
Four Low-level Gang Members Set Free As Historic Trial Comes To End Eight key members of the Manitoba Warriors were given a new home yesterday - -- Stony Mountain penitentiary -- while four lower-level gang members were set free when Manitoba's largest and most expensive trial came to an end. Queen's Bench Justice Nathan Nurgitz sentenced the core group to prison terms of between two-and-a-half and four-and-a-half years, on top of the 20 months they have already spent in custody at the Remand Centre. [continues 626 words]
The lead Crown counsel in the Manitoba Warriors trial came out swinging yesterday, finally breaking his silence on last week's controversial end to the landmark case by defending its merit and outlining details of the charges for the first time. Crown attorney Bob Morrison was clearly agitated by any suggestion the $9.5 million legal saga had failed, despite the fact new federal organized crime charges had been dropped in exchange for guilty pleas to a variety of drug offences. [continues 798 words]
Organized-crime charge dropped; 12 plead guilty to drug counts MANITOBA'S most expensive trial came to an abrupt end yesterday when 12 alleged Manitoba Warriors pleaded guilty to drug charges. It was over when the Crown agreed to drop the new federal organized-crime charge for which a multimillion-dollar courthouse was built in Fort Garry. The sudden guilty pleas by the alleged street-gang members ended a 20-month legal saga and set off a new wave of controversy in a case that failed to live up to its billing as Canada's first test of tough new anti-gang legislation. [continues 912 words]
Crackdown On Cocaine Yields First Conviction MANITOBA'S largest-ever cocaine crackdown yielded its first victory yesterday when one of the 35 accused pleaded guilty in provincial court. Buu Tang, 20, was sentenced to two years in a federal prison for his role in the massive crack cocaine operation. More than 200 officers were involved in a year-long investigation -- dubbed Operation Devise -- which ended with a series of early-morning raids in May 1999. Police used battering rams and police dogs to search 42 homes throughout the city, arresting dozens of suspects and seizing more than $150,000 worth of crack cocaine. [continues 330 words]
Alleged Warrior's Sentence 1 Yearon Paper, 4 Days In Fact A federal law designed to speed non-violent offenders through the justice system has put an alleged manitoba warriors gang member back on the street after serving only four days of a one-year cocaine trafficking sentence. Trevor Boubard took advantage of the complex Corrections Canada Release Act to obtain his "get out of jail free" card earlier this month, prompting anger and bewilderment among police, politicians and justice officials. [continues 907 words]
After watching the Manitoba Warriors trial stumble through the last nine months, Craig Thomas elected to bail out of the slow-moving proceedings yesterday and plead guilty to drug charges. The street gang member admitted his role in conspiring to traffic cocaine and was handed a five-year prison sentence. To date, 21 of the 35 accused have pleaded guilty. The trial, which is Canada's first test of new gang conspiracy legislation, began last September and has been subjected to numerous delays and controversy. [continues 225 words]
