Police did not breach the rights of a Winnipeg man when they ignored his protests, burst into his home without a warrant and found a marijuana grow operation inside, a judge has ruled. Edward Garbacz was seeking to have all of the evidence against him dismissed, claiming police had no right to enter his property in June 2013. But Queen's Bench Justice Karen Simonsen ruled Monday that officers acted properly given the unique circumstances surrounding this case. It all began with an anonymous 911 call that came into police around midnight. A man said his "neighbour was beating up his wife" and then quickly hung up after providing the address. No other details were given. The call was made from a payphone that was almost two kilometres away from the scene of the alleged crime. [continues 426 words]
He wanted to turn back time and find a way to undo the sins of his past. But the Manitoba Court of Appeal has rejected a former Winnipeg man's bid to reopen his drug conviction - saying almost two decades is too long to have waited to make a move. Curtis Fraser pleaded guilty in March 1991 to possession of cocaine for the purpose of trafficking. He received a federal penitentiary sentence, then moved to the United States following his release. [continues 271 words]
Impairment Not Proven, Says Judge HE admits smoking up before getting behind the wheel and feeling a bit "tipsy" as a result. But one of the first "driving while impaired by drug" cases in Manitoba has ended with the accused going free because a judge says it's not clear whether the accused's marijuana use had any significant impact on his motor skills. "The indicia of impairment by alcohol are fairly well-known and accepted in the case law: improper driving, bloodshot or watery eyes, flushed face, odour of alcohol, slurred speech, lack of co-ordination and inability to perform physical tests, a lack of comprehension and inappropriate behaviour," provincial court Judge Cynthia Devine said in her written decision. [continues 574 words]
A WINNIPEG man caught with a large marijuana grow operation in his home went to court Tuesday wondering if Justin Trudeau might be able to save him. But defence lawyer Jay Prober had some bad news for his client - the prime minister-designate's promise to legalize pot in Canada wouldn't save him. "My client asked about Mr. Trudeau just this morning and what was going to happen. I explained to him that it's still not going to be legal to grow 514 plants in your house," Prober told court with a chuckle. [continues 266 words]
THE owner of a medical marijuana shop is vowing to fight criminal charges - possibly while acting as his own lawyer - as part of a service he feels he owes the community. Glenn Price made his first court appearance Thursday. The matter was adjourned until Sept. 3. He was charged with possession and trafficking of marijuana, along with proceeds of crime, following an Aug. 4 raid on his Main Street business, Your Medical Cannabis Headquarters. "If I can't raise enough money (to hire a lawyer), I'll defend myself," Price said on the steps of the downtown Law Courts. He was surrounded by a handful of supporters and former customers, including one man who made a point of lighting up a joint as a woman tried to pull him out of camera view. [continues 285 words]
A Winnipeg drug dealer who claims his rights were violated when police tactical team members used "Wild West" tactics to storm into his Fort Rouge home with a battering ram, flash bang and high-powered weaponry, lost his bid for freedom Thursday. Queen's Bench Justice Herbert Rempel ruled police acted properly and within their mandate in the case of Christopher Li. "They had reasonable grounds to believe there was a real risk of violence," Rempel said. Li was seeking to walk free on the grounds police violated the Charter of Rights and Freedoms during the so-called dynamic entry in which he was caught with close to $6,000 worth of cocaine, more than $2,000 in cash and various drug paraphernalia. [continues 371 words]
Conditional sentence for pot grow-op A so-called Freeman on the Land will not have to plant his roots in jail following a conviction for running a marijuana grow operation. Scott Peters was given a 13-month conditional sentence Thursday that allows him to remain free in the community. He was placed on daily house arrest and must perform 100 hours of community-service work. The Crown was seeking up to six months behind bars for Peters, who was convicted by a jury last month following a bizarre, three-day trial. [continues 287 words]
A Winnipeg woman tearfully begged a judge for a longer sentence Thursday, saying she needs extensive help to get her troubled life back on track. Kayla Allen, 28, pleaded guilty to a residential break-and-enter that occurred in 2008. She cut herself during the incident, leaving a trail of blood behind that allowed police to submit for DNA analysis. It took four years for the forensic lab in Regina to get the result back to Winnipeg police, then another two years before investigators finally got around to arresting Allen. [continues 367 words]
Sources blame drug trade for volatile situation The homicide count is rising quickly in Winnipeg this spring -- and those on the front lines say they're bracing for even more violence. Justice sources say tensions between organized-crime factions are likely behind the city's latest shooting death, just as they've been in several other recent incidents. Rustom Vito Paclipan, 23, was shot and killed outside a Main Street nightclub early Sunday morning. Two other men, aged 18 and 24, were also struck by gunfire but survived. No arrests have been made. [continues 671 words]
Why are so many drug prosecutions in Manitoba falling apart? They were touted as major victories in the province's war on drugs, with more than 100 kilograms of cocaine being seized by police during four separate investigations. Tirath Bal, Gurdarshan Hansra, Kuljinder Dhillon, Alejandro Chung and Andy Koczab all faced the prospect of double-digit stays behind bars if convicted for their alleged roles in bringing an estimated $10 million worth of cocaine into Manitoba. But all five men are free today after the cases against them collapsed, the result of several different factors that have many in the justice system wondering what message is really being sent. [continues 1323 words]
Documents Reveal Details of Police Tactics It is believed to be the largest, most elaborate undercover investigation ever tackled by Winnipeg police. Now details of how officers took down a multimillion-dollar drug-trafficking network last week have become public through hundreds of pages of court documents released Tuesday. The affidavits, which were used to obtain arrest warrants for 14 accused, document every step of the nearly two-year-long probe dubbed Project Sideshow. Among the more revealing details: * Police monitored and intercepted more than 300,000 separate communications -- phone calls, texts and emails -- between January and December 2013. Police say this number would have been much higher if not for the fact many of their targets relied on "encrypted communication devices... demonstrating their high level of sophistication." [continues 497 words]
The future of three controversial Winnipeg head shops is hazy following a series of police raids and seizures linked to an ongoing investigation. At least two people were taken into custody Wednesday as the RCMP and Winnipeg police executed search warrants at The Joint locations on St. Mary's Road, Pembina Highway and Marion Street. Police also backed a U-Haul truck up to the locations and appeared to remove numerous items from inside. No details on the operation have been released publicly. An RCMP spokesperson said they will likely be more forthcoming Thursday. Winnipeg police said they were assisting the Mounties and declined to comment. [continues 430 words]
Not Guilty in Botched Drug Case Two Winnipeg police officers have been cleared of fabricating evidence in a botched drug investigation where the key witness against them was a well-respected Crown attorney. Const. Graeme Beattie, 33, and Const. Paul Clark, 44, were found not guilty Wednesday of obstruction-of-justice charges in a career-saving decision. Queen's Bench Chief Justice Glenn Joyal admitted there are still plenty of questions about what truly occurred, but said he must give the pair the benefit of the doubt. [continues 522 words]
Calls police work overzealous and high-handed They claimed to be doing the "right thing" -- following their instincts, playing a hunch and ultimately getting the bad guy off the street. But a Manitoba judge disagreed, saying two Winnipeg police officers trampled all over the rights of an accused drug dealer, which has now led to a major case being tossed out of court. Alejandro Chung, 45, was arrested in October 2009 after being caught with a quantity of cocaine and benzocaine, a common agent in the drug-production business. But Chung walked free Friday on a charge of possession for the purpose of trafficking on the grounds an illegal search and seizure occurred. [continues 513 words]
Manitoba's highest court is weighing whether to reinstate perjury charges against two Winnipeg police officers who walked free on an unusual legal technicality. Const. Peter O'Kane and Const. Jess Zebrun were cleared last February of any criminal wrongdoing in a decision that likely saved their careers. Their lawyers successfully filed a motion for a dismissal of the case, saying the Crown attorney failed to have any of his witnesses properly identify the two accused in court, as required by law. [continues 502 words]
Winnipeg police say the recent local collapse of the Hells Angels has created a toxic environment that has the city on the verge of a biker war. "Tensions are extremely high ... Violence is imminent," a veteran police officer with extensive knowledge of the organized crime scene wrote last month in newly released court documents obtained yesterday by the Winnipeg Free Press. Police explain in detail why they believe the relative calm of the past few months is about to be broken -- including evidence of gang members stockpiling weapons in preparation to take out their rival "by any means necessary." The document was used to obtain a search warrant for a home in the city's East Kildonan neighbourhood, where a loaded handgun was found hidden in a backyard last month. [continues 311 words]
A Manitoba judge has cut a major break to a medical marijuana crusader found guilty of trafficking pot across Canada. Grant Krieger received a suspended sentence with nine months of probation Monday -- a far cry from the jail sentence he feared he might receive and predicted would kill him. "Mr. Krieger is not like most of the drug offenders we sentence in this court," said Queen's Bench Justice Shawn Greenberg. "While Mr. Krieger's actions were illegal, many, perhaps most, would say they are not immoral. Indeed he has no real victims." [continues 272 words]
No Real Victims, Judge Tells Court A Manitoba judge has cut a break to a medical marijuana crusader found guilty of trafficking pot to numerous clients across Canada. Grant Krieger received a suspended sentence with nine months of probation Monday -- a far cry from the jail sentence he feared he might receive and predicted would kill him. "Mr. Krieger is not like most of the drug offenders we sentence in this court," Queen's Bench Justice Shawn Greenberg said. "While Mr. Krieger's actions were illegal, many, perhaps most, would say they are not immoral. Indeed he has no real victims." [continues 470 words]
Former RCMP Officer A Hells Angels Associate Before He Was Arrested One target of a major undercover police sting operation was a former Manitoba RCMP officer who gave up the badge and later became a high-ranking Hells Angels associate, according to court documents obtained by the Winnipeg Free Press. Wayne Shuttleworth hid his policing past from fellow Zig Zag Crew members, knowing it would be an automatic ticket to rejection from the gang. But his secret became public on Thursday after a series of arrest warrants were filed with the Court of Queen's Bench. [continues 281 words]
One Of 34 Targeted In Major Undercover Assault On Angels Lea Miller for the Winnipeg Free Press Police prepare to enter a property on Pembina Highway during a major raid Wednesday as 34 arrest warrants were executed. One target of a major undercover police sting operation was a former Manitoba RCMP officer who gave up the badge and later became a high-ranking Hells Angels associate, according to court documents obtained by the Free Press. Wayne Shuttleworth hid his policing past from fellow Zig Zag Crew members, knowing it would be an automatic ticket to rejection from the gang. But his secret became public on Thursday after a series of arrest warrants was filed with the Court of Queen's Bench. [continues 801 words]
