Pubdate: Mon, 11 Dec 2000
Source: National Post (Canada)
Copyright: 2000 Southam Inc.
Contact:  300 - 1450 Don Mills Road, Don Mills, Ontario M3B 3R5
Fax: (416) 442-2209
Website: http://www.nationalpost.com/
Forum: http://forums.canada.com/~nationalpost
Author: Paul Waldie

DRUG DEALER FREED AFTER FBI INFORMANT LIED IN COURT

Appeal Court Questions Role Of Police In Testimony

The Ontario Court of Appeal has overturned a drug dealer's conviction 
because police may have helped an FBI informant lie under oath.

Crown prosecutors also did little to investigate why the informant 
lied in court or why police may have encouraged him to provide false 
information, the appeal court ruled.

The issues "raise serious questions, the answers to which lie with 
the prosecution," the appeal court said.

"It has chosen not to attempt to answer those questions in this court."

The case involves Balbir Ahluwalia, a Toronto man with a history of 
drug trafficking. Ahluwalia was released from jail in 1990 and police 
suspected he was about to resume trafficking in Canada and the United 
States. The Ontario Provincial Police contacted the FBI for 
assistance and it arranged for the OPP to use one of its paid 
informants, Frank Makdesion, a former drug dealer.

Over the next year, Ahluwalia met frequently with Makdesion and sold 
him two kilograms of cocaine and some heroin. The OPP arrested 
Ahluwalia in August, 1991.

During his trial, Ahluwalia pleaded guilty but said he had been 
entrapped by Makdesion. Ahluwalia alleged that during one meeting in 
Detroit, Makdesion pulled out a gun and threatened to shoot Ahluwalia 
unless he sold him some drugs. Makdesion denied the allegation.

A judge dismissed the entrapment issue and convicted Ahluwalia.

Shortly after the trial, Ahluwalia's lawyers discovered that 
Makdesion had lied during the trial about his criminal record. At the 
trial, he said he had only one conviction, for possession of a small 
amount of cocaine. In fact, his record included four convictions, 
including one for assault with a dangerous weapon. Makdesion was also 
charged for a firearm offence in 1987, but the case was later dropped.

Ahluwalia's lawyers demanded to know why the criminal record had not 
been made available during the trial. They argued the firearm 
conviction bolsters their allegation that Makdesion threatened 
Ahluwalia.

Crown prosecutors said they did not know about the other convictions. 
They said they received all their information about Makdesion from 
the FBI and the police.

The appeal court said Makdesion's record is critical to the 
entrapment issue and it overturned the conviction and ordered a new 
entrapment hearing. The court said it was unclear if police 
intentionally withheld information from the crown prosecutors.

"There may well be an innocent explanation," the appeal court said. 
However, it added that the new information "raises the reasonable 
possibility of state complicity in [Makdesion's] perjury."
- ---
MAP posted-by: Josh Sutcliffe