Pubdate: Sun, 01 Oct 2000 Source: Province, The (CN BC) Copyright: 2000 The Province Contact: 200 Granville Street, Ste. #1, Vancouver, BC V6C 3N3 Canada Fax: (604) 605-2323 Website: http://www.vancouverprovince.com/ Author: Mark Tonner JUDGES' MUMBO-JUMBO MAKES FOOLS OF COPS AND CITIZENS I'm either losing the ability to harbour anger, or becoming a well-adjusted individual. Follow me through a recent courtroom embarrassment, and see what you think. The event: an undercover operation in which crack cocaine was purchased. My role in the drama had me walking along Hastings, across the street from a two-person "buy" team -- keeping an eye on them as discreetly as possible. This called for watching reflections in store windows and the like, finding excuses to turn around: tying shoes and picking things off of the sidewalk, etc. It's not rocket science, though there can be trajectories involved. It wasn't long before the signal was given that a buy had been made. I hadn't seen the details of the drug purchase (and shouldn't share what the signal was) but knew a deal had been done. Myself and a partner tore across the street to make the arrest -- no great fuss, nothing out of the ordinary. We run these operations by the dozens, with flexible but fairly standardised routines. Evidence is collected, crooks go to jail, the officers involved submit reports and carry on. After what happened in court, these officers will have far less enthusiasm for carrying on in the Downtown Eastside. A provincial court justice dumped the case, calling myself and my friends liars in the most circuitous language I've seen in years. The man who sold us the dope made some daring allegations. He insisted we'd beaten him, held a pistol to his head and threatened to drown him in nearby Burrard Inlet. Knowing his country of origin and hearing his testimony convinced me he was a lapsed Catholic. Would a practicing one call down curses like this, after lying about police gunplay? "There is a God in Heaven! May he strike me down if I do not tell the truth." I paraphrase from memory, but I was there, and the man repeated his religious rant enough times to start me praying for his soul. In summation, the judge shared wisdom regarding Canadian police: "Sometimes they lie and sometimes they're violent. Undoubtedly when they lie and are violent, the two not being always together, but not always apart either." Wrap your mind around that if you're able. The judge continued, describing the problem with assessing police evidence: " -- they are often professional witnesses and to lie -- and particularly in a case such as this -- which means altering one or two details, repeating a standard routine arrest, what usually happens, what always happens, and just changing a little bit of it and it will come out sounding quite plausible --" Meaning, if I have this right -- that believable evidence is to be discounted for the very reason that it is believable. As you might imagine, each of us offered clarification regarding the gun-to-the-head foolishness. I remarked that the physical end of the arrest was uneventful, and that if there had been gunplay or a beating it would have been shocking enough to emblazon itself in memory. The man with the crack did sell some to one of us, but the next blast of judicial rhetoric vaporised that. "If the constable was of a mind to set somebody up, it wouldn't be particularly difficult to have two rocks of cocaine. All you would have to do is seize 20 from somebody and say that you'd seized 18 and you'd have two to spare. So if the police were of a mind - --" We're of a mind, all right -- to start telling the truth about what's happening in the nation's courtrooms. The police, and by extension the good people of Canada, are being made fools of. Doubtless, fresh questions will be asked, regarding the leashing of this undisciplined keyboard. Yet, come what may, expecting the police to remain quiet about the way we're treated is asking too much. Bear in mind that I'm making no demands of my own. This case is wide open to appeal, awash in legal error, but I'm simply sharing facts with this readership. I'm also in no position to fix this, but you may be. Next time you're asked who you want to vote for, insist that judges be added to the list. For my part, I'll keep praying for the truth, and for a measure of sense to return to our courtrooms. Const. Mark Tonner is a Vancouver police officer. His opinions are not necessarily those of the city's police department or police board. Tonner may be contacted at The Province, or by e-mail at --- MAP posted-by: Doc-Hawk